Best Family Law Attorneys in Tustin, CA

Yes. You can get a legal separation or an annulment (also called a nullity) without having lived in California for six months or your county for three months before filing. Legal separation. You may have religious, insurance, tax or other reasons for wanting a legal separation instead of a dissolution. If you obtain a legal separation, you and your spouse will remain married, but the court can divide your property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order. Annulment. If you are granted an annulment, it is as though your marriage never existed. You may be able to get an annulment if you married when you were a minor without the consent of your parents or guardian, or if certain types of fraud or deceit were involved. If you want an annulment, however, you will have to appear in court for a trial.

In California, there are two grounds for divorce (also known as dissolution): Irreconcilable differences. You simply check this box on the dissolution petition and the court will grant your divorce. Incurable insanity (almost never used). Medical proof that one spouse was insane when the petition was filed-and remains incurably insane-is required. In addition, you or your spouse must have lived in California for six months and in your county for three months before filing a petition to dissolve your marriage. There is no residency requirement for filing for legal separation.

If your spouse injures you or anyone else in your household, call the police immediately. The police can, if warranted, contact an on-call judicial officer and issue an Emergency Protective Order (also called an EPO) on the spot. This would legally prohibit your spouse from coming within a certain distance of you. It also may grant you temporary custody of your children and bar your spouse from the family home. An EPO remains in effect for five court days, or seven calendar days, whichever is earlier. To obtain a longer-term restraining order, you would need to file for a Temporary Restraining Order (also referred to as a TRO) from your local court. Most courts have facilitators who can help you fill out the necessary forms. For more information, request a free copy of the State Bar pamphlet