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An Overview of California Divorce Law

In California, divorce is termed “dissolution of marriage.” Our Family Court also deals with legal separation and annulment of marriage.

Certain rights to receive Federal benefits may be determined by the length of the marriage, as defined under Federal law. These benefits can include Social Security derivative benefits and the right to seek direct enforcement of military retirement payments. California law defines the length of marriage differently than Federal law. It is important the client receives advice as to the choices available and timing of filing a Petition for dissolution of marriage to preserve all available rights.

Annulment and Legal Separation in San Diego

An annulment is the process by which a party is requesting the Court make a determination the marriage never existed. This determination can also affect rights to community property that would have existed, if the marriage were valid. The grounds for annulment are strictly defined by statutory and case law. In order to obtain this relief, evidence, including live testimony, is required.

In a legal separation, the rights of the parties as to custody, child sharing, child and spousal support and property division, are adjudicated. However, the marital status is not dissolved. Clients may wish to use the legal separation procedure to determine their marital rights, but preserve the status of the marriage for the purpose of obtaining or continuing benefits. For example, normally health insurance as a dependent spouse will continue with a judgment of legal separation; however, these benefits would not continue with a dissolution of marriage.

Obtaining Early Status Judgment of Divorce

California law permits the status of the marriage to be terminated after six months from service of the Petition, even if all other issues are not ready for settlement or trial. The San Diego family lawyers at the Law Offices of Beatrice L. Snider, APC are familiar with the procedure to obtain this early status judgment and the various conditions the Court will require to obtain this relief.

It may be appropriate for a client to request this early termination of marital status if the client wishes to remarry. It can be beneficial to one or both parties for each to be restored to the status of a single tax payer before the end of a particular tax year. The Law Offices of Beatrice L. Snider, APC assists the client’s tax advisors in making the determination as to potential tax savings relating to the termination of marital status.

Get the Best Divorce Lawyers in San Diego

If you are considering filing for divorce in San Diego County, discuss your situation and options with the proven team at Law Offices of Beatrice L. Snider, APC. Call (888) 860-8544 or contact the firm online.

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