Divorce FAQS

Important Information About Dissolution of Marriage

Dissolution of marriage, or divorce proceeding, is initiated by the filing of a Petition by one party. The Petition for Dissolution of marriage is then served to the responding party. The party originally filing the Petition is known as the “Petitioner,” and the other party is known as the “Respondent.”

Following receipt of the Petition, the Respondent has 30 days (unless Petitioner´s attorney grants additional time) in which to file his or her responding statement to the facts. After that time, the case may be set for a Court hearing.

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What Is Spousal Support? Is It the Same As Alimony?

Spousal support is the term for alimony in California. Spousal support is money that one spouse pays to help support the other after the filing of a dissolution. The spouse receiving such support will pay federal and state income taxes on it and the one making such payments will be entitled to a tax deduction.

To determine the amount of spousal support, the judge will consider such factors as the standard of living during the marriage, the length of the marriage, and the age, health, earning capacity, and job histories of both individuals. Not everyone is entitled to spousal support.

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Dissolution of Marriage

California is a community property state. Under our system of law, a marriage is viewed generally as a partnership where both husband and wife have equal ownership of all assets acquired during the marriage. Typical assets include a home, furniture, automobile, boat, stocks and bonds, retirement benefits, bank accounts, and the like.

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