Divorce / Dissolution

In order to file for divorce, or "dissolution of marriage," in California, you must have resided in California for at least six months, and you must have resided in the County you intend to file the dissolution documents for at least three months.

When a Summons and Petition for Dissolution are filed and served, automatic Temporary Restraining Orders are placed on both parties. The Petitioner is bound by the Temporary Restraining Orders when the Petitioner signs the Petition, and the Respondent is bound by the Temporary Restraining Orders when they are served.

The automatic Temporary Restraining Orders are as follows:

STANDARD FAMILY LAW RESTRAINING ORDERS

Starting immediately, you and your spouse or domestic partner are restraining from

  1. removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court;

  2. cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children;

  3. transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life; and

  4. creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.

You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay court costs.

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