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Dissolution Basics

Friday, 01 February 2013 11:47

The state of California is a “no fault” state, which means that a spouse does not have to prove the other spouse did something wrong. Moreover, it is not necessary for both spouses to agree to end a marriage.The first spouse to file a Petition for dissolution is called the “Petitioner,” and the other spouse is then the “Respondent.”  Once the petition to commence a dissolution is filed, the other spouse has thirty days after he or she is served to file their response. The respondent cannot stop a dissolution process even if he or she does not agree or want a dissolution.

It is critical for the other spouse to file a response within the requisite 30 days.  If no response is filed, the petitioner will take the non-responding party’s “default” and thereafter or concurrently enter a default judgment.  Although an uneven disposition of property is not supposed to be approved by the court, without both parties’ input, a very unequal disposition can occur, as well as child and spousal support being awarded, and most importantly custody and visitation of the children.  A default judgment can result in a very unfair result.  Defaults and default judgments can be overturned but there are strict rules which generally require it be done with six months and it is costly if the other side does not agree.  If you get served with a petition for dissolution, the best way to handle your case is planning ahead and consulting with a lawyer immediately.
The Law Offices of Gloria D. Cordova, Inc. is an aggressive family law firm that is sensitive to your needs. Please call to set up a consultation so you may come in and speak to us concerning all your dissolution questions. Check us out on https://www.facebook.com/gcordovalaw?ref=hl.

 

 

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