Dissolution of Marriage, Legal Separation & Nullity Of Marriage

Santa Barbara Divorce Lawyer

Dissolution of Marriage

This action can be filed by a married person or domestic partners to end the marital relationship between a husband and wife or domestic partners. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage or domestic partnership, child support, spousal support, and confirm or divide community and separate property assets and debts. Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork.

If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request an entry of default. Once the default is entered, the Petitioner can complete the divorce proceeding without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter.

The action is considered contested if the parties are unable to agree on some or all issues and the unresolved issues must be resolved by the Court. The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court’s signature.

Legal Separation

This action can be filed by a married person or domestic partners who wishes to maintain the marital or domestic partnership status but separate and resolve all of other issues of the marriage. The Court will issue orders for custody and visitation of the minor children of the marriage or domestic partnership, child support, spousal support, and confirm or award community and separate property assets and debts. If the other party, Respondent, responds to the paperwork and requests a dissolution, the Court will grant the dissolution.

Once an action is filed by a Petitioner, the Respondent must be personally served with specific paperwork. If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request an entry of default. Once the default is entered, the Petitioner can complete the legal separation proceeding without the participation of the Respondent.

If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter. The action is considered contested if the parties are unable to agree on some or all issues and the unresolved issues must be resolved by the Court. The action is considered uncontested if the parties are able to cooperate and agree on all issues outside of Court and the matter can proceed to its conclusion by submitting the necessary signed paperwork for the Court’s signature.

Nullity Of Marriage

This action can be filed by a married person to restore the parties to the status of unmarried persons, as if they were never married. Certain conditions must be met before the Court will consider the marriage as void or voidable. Regardless of how the case proceeds, the Petitioner, the person who initiated the case, will have the burden to prove to the Court that one of the conditions for nullity has been met before the Court will grant the nullity of marriage. The Court can also issue orders regarding property and debt division, custody and support.

Contact a Santa Barbara Divorce Lawyer For Consultation

The decisions you make regarding you and your family in legal proceedings can affect you for the rest of your life. Divorce is no easy matter to deal with and it gets even more complicated when children and assets are involved. Give us a call at (805) 879-7523 to speak to one of our California certified family law specialists.