General Information
Type of Case
Summary Dissolution: A summary dissolution is a quick way to
get divorced. But not everybody can use it. Briefly, a
summary dissolution is possible for you and your spouse if you:
- Have no children together;
- Have been married or been a registered domestic partners 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.
To terminate a domestic partnership meeting the same criteria as
above,
click here for
forms and information.
To terminate a marriage meeting the same criteria as above,
click here for forms and information.
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, asset and debt division,
former name restoration, and even restraining orders.
Dissolution of Domestic Partnership: Domestic partners are
"two adults who have chosen to share one another's lives in an intimate
and committed relationship of mutual caring." Persons of
opposite sexes may not constitute a domestic partnership unless one or
both of the persons are over the age of 62.
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 an annulment of the domestic partnership. This can only be requested based on one of
reasons listed below.
Grounds for Termination of Marriage
For dissolution of marriage or legal separation in California, there
are only two legal grounds. The first is "irreconcilable
differences," meaning the marriage or partnership cannot be saved. The other
reason is "incurable insanity" which, unlike irreconcilable
differences, must be proven.
If you are seeking a nullity of marriage or nullity of partnership, you will need to prove in a
court hearing that your marriage satisfies one of the grounds listed
below. These must have applied at the time you and your spouse
married or you and your partner registered:
- Incest: incest means the spouses or registered partner are close blood relatives.
- Bigamy: bigamy means a spouse or partner was knowingly married
or registered to another
person at the time of marriage or at the time of registration of
domestic partnership.
- Underage: underage means a spouse or partner was below age 18 years at the time
of marriage or registration of domestic partnership and did not obtain parental consent or a court order
permitting the marriage.
- Prior Existing Marriage or Prior Existing Domestic Partnership: prior existing marriage
or prior existing domestic partnership means a
spouse married or a partner registered on the mistaken belief that his or her previous marriage
or partnership
had ended in the death of the other spouse or partner, who in fact was still
living.
- Unsound Mind: unsound mind means a spouse or partner could not and has
not formed the intent to marry or registered due to a mental condition.
- Fraud: fraud means deception regarding a significant matter
that led to the marriage or the partnership and continued until the breakup.
- Force: force means threats or acts of harm were used to force
one spouse or partner into the marriage or domestic partnership.
- Incapacity: incapacity means a spouse or partner was and continues to be
physically unable to consummate the marriage or partnership.
Jurisdiction
A dissolution action may be started in Sacramento County if one or
both spouses/partners have resided in this county for at least the last 3 months
and in the state of California for at least 6 months. Cases
involving legal separation or nullity have less strict residency
requirements. For legal separation or nullity cases, one or both
spouses/partners need only be a resident of this county at the time this case
is started. There is no duration of residency
requirement for these types of marital actions.
In addition to the residency requirements for starting any type of
marital action, there are some additional rules to consider if the other
spouse resides outside California. Specifically, a spouse who
lives in another state or country can object to jurisdiction by the
court in California. In that event, this court may be prevented
from making important orders in your case. You should seek legal
advice about how to proceed if the other spouse lives outside California
and is likely to object to having the case handled here.
Time Frame for Termination of Marriage
Remember that merely filing your petition and having it served does
not automatically result in a judgment. There are other steps you
must take before this can happen.
The minimum length of time it takes to acquire a final Judgment of
Dissolution in order to be free to marry once again is six months and
one day from the date the Respondent is served with the Summons and
Petition, or, six months and a day from the date the Respondent
files a Response or Notice of General Appearance with the court, whichever comes first. If the six-month period passes before you are
able to acquire your judgment, then the effective date of your change in
status from married to single is the date of entry of the
judgment.
The effective date for legal separation or nullity is the day the
judgment is entered, that is, the day the judge signs the judgment.
Be aware that a formal judgment signed by a judge must be
entered before your it is final. Any minute order from a hearing or a
trial or a signed agreement without a judge's signature. Does not
terminate the action.
How to file for a Divorce/Dissolution
Before you file a new case, it is strongly suggested that you consult with a family law attorney so that you are informed of your
legal rights and the important legal issues in your case.
The alternatives available to you in obtaining legal assistance
include
one or more of the following:
- You may contact the Lawyer
Information and Referral Service (Sacramento
County Bar Association) at (916) 444-2333 for a referral to an
attorney for consultation and/or representation.
- You may contact an attorney for legal advice or to represent you
by looking in the telephone book Many attorneys have a reasonable fee for an initial
consultation.
- You may represent yourself; however, it is recommended that you review
reference materials
(Family Code, Code of Civil Procedure and the court's Local Rules) available at the
Sacramento County Public Law Library.
- You may contact the
Self Help
Center at the Family Relations Courthouse for
assistance in representing yourself. Assistance may be in the
form of a workshop that will assist you with filling out your
divorce/dissolution packet, and will also explain the steps involved
in a divorce/dissolution case. Staff of the Self Help Center
does not give legal advice. You must not be represented by an
attorney to receive assistance.
Child Custody
For information regarding Child
Custody or Visitation, click here.
Finalizing Your Divorce
Your marriage or domestic partnership does not automatically end six months
after filing your petition. You will
need to complete your dissolution action and get your judgment either by default
(when the other party does not respond), by written agreement, or by
trial.
The most common courses of action for various circumstances are:
- If the other party did not respond ("defaulted"), then see
an attorney to prepare a judgment, seek help from the Family Law
Facilitator's Office, or check the Sacramento County Law Library for
self-help manuals.
- In the event you and your spouse or partner have an agreement on all issues
(uncontested) in your divorce, you can have an attorney prepare your
agreement and judgment or seek help in the Family Law Facilitator's
Office.
- If either of the following conditions pertain to your case, then
it is suggested that you
consult with an attorney: 1) your spouse or partner has filed a response, there
are contested issues, and you have no written agreement; or 2) your
spouse filed the divorce, you responded, and your spouse or your
partner refuses to
finalize your divorce whether or not there are contested issues.
We highly recommend that you have a consultation with a family law
attorney before finalizing your divorce. You may have important
legal rights regarding spousal support, pensions or other deferred
compensation, or other property rights. It is your responsibility
to know your rights before you set your case for trial or you may lose
those rights forever.
After completing your documents to finalize your divorce, you may
deliver these documents to the Family Law filing counter in Room 100 of
the William R. Ridgeway Family Relations
Courthouse. Your documents will be submitted
to the appropriate family law department for approval. After processing your
judgment, the Notice of Entry of Judgment will be completed by the department
clerk
and mailed to you or your attorney. This is your proof
that your divorce is final. Once received, it will take
approximately four to six weeks for the court to process the paperwork.
The original judgment is kept in the court file. If you are
uncertain that your final dissolution paperwork was submitted to the
court, you must come to the courthouse and check the court file.
The court is unable to provide this information over the
telephone.
Child Custody Mediation
For detailed information on child custody mediation or evaluation,
please see our page on Child
Custody Mediation or Evaluation.
Forms
Family Law forms are available free of charge at the Family Law
filing counter. Forms required may include both Judicial Council
and Local forms. Judicial Council forms may be downloaded by
clicking the following link Judicial
Council of California and Local forms my be downloaded by clicking
the following link Family Law Local
Forms. If your web
browser has the ability to decompress .zip files and view .pdf files
(using Acrobat ReaderŪ from Adobe SystemsŪ) you can print these forms
on a high-resolution printer, fill them out, and then file them with
Family Court.)
Filing Documents and Filing Fees
Family Law documents may be filed in person or by mail. The
court will not
set hearings over the telephone. Documents submitted through the mail
will be assigned a hearing date according to the statutory requirements
and the availability of the Family Law calendars. The court
strongly recommends that you appear to file any
Restraining Order.
Please be advised of the following when filing documents by mail:
- Pleadings will not be filed unless they comply with
California Rules of Court,
rule 2.100, which require that all documents presented
for filing must be legible and either typed or printed.
- No conformed copies of documents filed with the Family Law Court
will be returned by mail unless a self-addressed stamped envelope,
with sufficient postage, is provided.
- All papers presented for filing must be pre-punched in the
standard two-hole position at the top of the document and provided in triplicate.
- Documents submitted for filing without the total fee due will be returned unfiled.
- Filings paid with checks that are returned for non-sufficient
funds will be
void if not paid by cash or certified check/money order within 20
days of notification. (411.20 Code of Civil Procedure).
There are fax filing agencies that are approved to submit papers to
the court through the use of a fax if you are unable to personally
appear.
For information on Family Law Filing Fees, please see our web page on
fees.
NOTICE: If you are unable to pay fees and costs, you may ask the
court to permit you to proceed without paying them. Check our page
on Fee Waivers and/or ask the Family
Law filing clerk for the Informational Sheet on Waiver of Court Fees and
Costs and Application for Waiver of Court Fees and Costs (Pursuant
to
California Rules of Court, rule 3.50-3.63). You may also download the fee waiver forms at
the Judicial Council
Web
site.
Obtaining Copies of Documents
Please click on the following link for information and instructions
on obtaining copies of judgments and other Family
Law documents.
Financial Support
For detailed information on financial support, please see our page on
child support.
|
