Jul. 29, 2016

Family Law

FAMILY LAW

Summary Dissolution: A summary dissolution is a simplified way to get divorced. A summary dissolution is possible if you and your spouse:

  • Have no children together;
  • Have been married or been a registered domestic partner less than 5 years;
  • Don’t own or have an interest in any real estate;
  • Don’t owe more than $4,000 in debts; and
  • Have no disagreements about how your belongings and debts are going to be divided up once you are no longer married to each other.

Dissolution of Marriage (Divorce): A dissolution of marriage, which is more commonly known as divorce, terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, division of assets and debts, restoration of former name, and possibly restraining orders.

Dissolution of Domestic Partnership:

DIVISION 2.5. DOMESTIC PARTNER REGISTRATION [297 - 299.6] ( Division 2.5 added by Stats. 1999, Ch. 588, Sec. 2. )

PART 1. DEFINITIONS [297 - 297.5]( Part 1 added by Stats. 1999, Ch. 588, Sec. 2. )

297.  

(a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.

(b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:

(1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.

(2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.

(3) Both persons are at least 18 years of age, except as provided in Section 297.1.

(4) Either of the following:

(A) Both persons are members of the same sex.

(B) One or both of the persons meet the eligibility criteria under Title II of the Social Security Act as defined in Section 402(a) of Title 42 of the United States Code for old-age insurance benefits or Title XVI of the Social Security Act as defined in Section 1381 of Title 42 of the United States Code for aged individuals. Notwithstanding any other provision of this section, persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over 62 years of age.

(5) Both persons are capable of consenting to the domestic partnership.

(Amended by Stats. 2011, Ch. 721, Sec. 1. Effective January 1, 2012.)Legal Separation: A legal separation case is similar to a dissolution of marriage or dissolution of a domestic partnership in terms of the range of issues that are resolved in the case, except that the parties remain married or registered to each other.

Nullity: A nullity case is more commonly known as an annulment of marriage or a domestic partnership.

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