How long will it take?
California law requires a minimum of six months before you can legally be an unmarried person. Generally, all of the paperwork can be completed in much less time. You can, of course, take longer than the six months if you need it. Normally you have up to five years to complete the divorce. If not completed within this time, the court will usually close your case.See answer
See answerWhat if my same-sex spouse is living out of state or out of the country?
Divorce Helpline has helped same-sex couples divorce or dissolve a domestic partnership when a spouse is out of state, or as far away as India, France or Hong Kong. We can work with you and your spouse over the phone and Internet to complete all of the necessary steps, including filing all the required documents, mediation, coaching and more. Call us today and schedule a free appointment with one of our attorneys to discuss your options.
See answerIf I was married in California, but my same-sex spouse and I no longer live in a state that recognizes same-sex marriage and we want to split up, do we have to get a divorce?
If you and your spouse were issued a marriage license by the state of California, then you are legally married and to validly end the marriage, you will probably need to divorce. Your divorce will be filed in the county where you were married. (In some limited circumstance, those with short term marriages might be able to have their marriages ended through a Summary Dissolution.) Divorce Helpline has worked with a number of same-sex couples who wish to divorce or end a domestic partnership. If you would like more information on legally ending a same-sex marriage, please call our offices and speak with one of our attorneys who will explain what we can do for you.See answer
What is mediation?
Mediation is an alternative to traditional adversarial court-based divorce, which usually involves unnecessary stress, conflict, delays and expense. Mediation allows both spouses to speak with a neutral attorney at the same time in order to resolve any disputed issues and move toward mutual agreement and complete the divorce process. Mediation can cover a wide range of issues, and it can be done in person or by telephone.
See answerWho is responsible for our debts?
In most cases, debts incurred before the marriage are the responsibility of the spouse who incurred them. Any debt incurred during the marriage is the responsibility of both spouses and viewed in much the same way as community property or assets. Debts, as well as income, acquired after the date of separation are separate property. The exception to this is debt acquired after separation related to common necessities of life such as food, clothing and shelter for a spouse and children.