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How long does divorce take and what is the requirement? - YouTube
Channel: Divorce Attorney Diana
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hi guys and welcome to my channel my
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name is diane ramonovska and i am a
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certified family law specialist
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practicing family law in the bay area
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california
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today i would like to talk about
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the length of a divorce process and the
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requirements to file for divorce
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so the first requirement is that
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one spouse petitioner or respondent has
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to be a resident of the state
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of california for at least six months
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consecutive six months
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before filing for divorce
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that is number one requirement and three
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months in the county
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so
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if someone is traveling for a year to
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and works in a different country or
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state that interrupts the six months
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period
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however going on vacation of course for
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week or two does not so it's all about
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the intent
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of being a resident of the state
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before filing so that's six months
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requirement then
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from the moment
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the petitioner spouse files for divorce
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and serves the other spouse
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that the cooling off period of six
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months and one day starts ticking
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from the moment of serving the divorce
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paperwork not from filing
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not from date of separation from
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serving the divorce paperwork to the
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other spouse
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that's when the six months and one day
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cooling off period begins which means
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that both spouses cannot be single
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until
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six months and one day lapses
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it doesn't happen automatically
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so for example there are many ways to
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terminate marital status
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and reserve all issues to
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for a later time
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for a little time
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one way to do it is
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once you know that the six months and
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one day is coming soon
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is for example to file a
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termination of marijuana status it's
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called bifurcation status only request
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for order fl300
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and then the requirement is that the
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moving party had served
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the respondent
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or depending who the moving party is it
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could be the respondent who files a
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request for her and wants to be single
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whoever files a request for order is the
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moving party that party has to prove
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that they served
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the pdd preliminary declaration of
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disclosures fl 142 and fl 150 assets and
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debt and income and expense declaration
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to the other spouse
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and
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that all other rights are reserved for
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example there is no issue with health
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insurance because as you know until the
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divorce is final if one spouse has the
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other spouse and their health insurance
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they have to keep it
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so all right inheritance right the the
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retirement rights all these rights have
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to be
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preserved
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so that's one way to terminate marital
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status another way to terminate marriage
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of status let's say an uncontested case
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case that is amicable
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is to prepare the entire judgment
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package
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meaning have the forms together for
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judgment and marital settlement
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agreement
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and then submit it to the court as soon
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as both of you exchanged preliminary
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declaration of disclosures and you
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looked up the
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checklist i believe it's fl 182
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and
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filed the the divorce package based on
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your specific case
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and then submit it to the court and then
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even if you submit it before six months
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in one day
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then the court
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can actually
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stamp the the judgment package and
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declare single in future date so you
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will get a judgment package back which
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the judgment form in itself that you
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need to watch out for is
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fl180 it says judgment and it will say
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marital status terminated or divorce is
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granted on and it will be right on top
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and will give a date
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so i hope that was helpful and i will
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see you soon bye
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