Petition for Dissolution of Marriage
A party who seeks a judicial determination altering his or her marital status under the California Family Code . . . i.e. entering a Judgment of Dissolution. Legal Separation, or Nullity, must first commence the proceedings by filing a petition. The petition is the only pleading a petitioner is permitted to file. The petition must not contain any matter not specifically required by the Judicial Council petition form. You cannot alter the petition or it will be rejected by the clerk of the court and not filed. The initial question in filing a petition for divorce is jurisdiction. This is established in several ways. The most common qualification to the petitioner is if he/she resides in the State for a minimum of 6 months and in the County for a minimum of 3 months at the time it is filed. Once the petition has been filed you can begin Discovery where you can obtain the other parties documents, ask questions, place lis pendens and join their pension/retirement accounts etc.
However, the filing of a petition only establishes jurisdiction and does not get you into court to obtain the relief you are seeking. You will need to bring Motions or Order to Show Causes to get your issues in front of a judge.
The process is long and can be difficult to handle on your own. You should seek legal counsel before initiating a proceeding. This means take the time to meet with a licensed attorney at law who practices family law before you begin. A paralegal services can be helpful BUT they are NOT lawyers and can more often than not cause you more harm than good. It is worth the time and small consultation fee to meet with a lawyer in that field before you begin.
If you need help, feel free to call me at 909-884-2191 for a consultation.
The Office of Frank J. Prainito, A Professional Corporation will be happy to assist you and you will be happy you took the time to meet.
