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California

California

California

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: None listed.

Residency: One party must have beenresident 6 months and for 3 months in county where action isfiled.

Waiting Period: If it appears thereis a reasonable possibility of reconciliation, proceedings mayhalt for 30 days; no decree is final until 6 months from serviceor respondent’s appearance, whichever is first.

No Fault: Irretrievable breakdown;separation; irreconcilable differences and consent of bothparties; incurable insanity.

Defenses: None listed.

Code Section: Civ. 4506, et seq.

CHILD CUSTODY
Uniform Child Custody Act:1973.
Joint Custody:Yes, Civ. 4600.5
Grandparent Visitation:Yes, Civ. 197.5; 4601
Child's Wishes Considered:Yes
Code Section: Civ. 4600

MARITAL PROPERTY
Community Property: Yes (Civ. C. 5107, et seq.)

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Party did not havecapability to consent; another living spouse; unsound mind;consent obtained by force or fraud; physically incapable ofentering marriage state.

Time Limitation: Age of consent:Underage party within 4 years of reaching age of consent or byparent before party has reached age; Fraud: Within 4 years byinjured party; Husband/Wife living: Either party during life orby former spouse; Unsound Mind: Any time before death; Consent byForce: Within 4 years by injured party; Physical Incapability:Within 4 years by injured party.

Legitimacy of Children: None listed.

Prohibited Marriages: Ancestor anddescendant of any degree, brother and sister (half-bloodincluded), uncle and niece, aunt and nephew; bigamy and polygamy.Code Section: Civ. 4400; 4401; 4425; 4426

RESOURCES

American Arbitration Association
Los Angeles Regional Office
443 Shatto Pl.
PO Box 57994
Los Angeles, CA 90020-0994
Phone: (213)383-6516
Fax: (213)386-2551
Jerrold L. Murase, Reg. VP

American Arbitration Association
Orange County, CA Regional Office
2601 Main St., Ste. 240
Irvine, CA 92714-6220
Phone: (714)474-5090
Fax: (714)474-5087
Lori S. Markowicz, Reg. VP

American Arbitration Association
San Diego Regional Office
525 C St., Ste. 400
San Diego, CA 92101-5278
Phone: (619)239-3051
Fax: (619)239-3807
Dennis Sharp, Reg. VP

American Arbitration Association
San Francisco Regional Office
417 Montgomery St., 5th Fl.
San Francisco, CA 94101-1113
Phone: (415)981-3901
Fax: (415)781-8426
Charles A. Cooper, Reg. VP

California Child Support, ProgramManagement Branch
Department of Social Services
744 P St.
Mail Stop 9-010
Sacramento, CA 95814
Phone: (916)654-1556
Fax: (916)653-3173

California Community Property Handbook
Butterworth Legal Publishers, Inc.
90 Stiles Rd.
Salem, NH 03079
William W. Bassett. 1991. Third edition.

Dissolution (Divorce) and How to Get It
California
Ken-Books
56 Midcrest Way
San Francisco, CA 94131
Harry Walter Koch. 1991. 2nd edition, revised.

California Divorce Handbook
Prima Publishing
1830 Sierra Gardens, Ste. 130
Roseville, CA 95661
James W. Stewart. 1993. Second, revised edition. Topics coverreasons why divorce in California is so expensive, hiring anattorney, alternatives to the public court system, ending amarriage without financial disaster, and basic law and proceduredealing with child custody, support, and related topics.

California Divorce: Through the LegalMaze
Family Law Publications
563 Pilgrim Ct., Ste. D
Foster City, CA 94404
Phone: (415)574-1215
Ruth Miller. 1988.

California Insurance Department
700 L St., 4th Fl.
Sacramento, CA 95814
Phone: (916)322-3555
Free: 800-927-4357
John Garamendi, Commnr.

California Marriage and Divorce Law
Nolo Press
950 Parker St.
Berkeley, CA 94710
Ralph Warner. 1992. 11th, revised edition.

California Office of State Registrar
304 S St.
PO Box 730241
Sacramento, CA 94244-0241
Phone: (916)445-2684
Responds to public inquiries for certified copies of birth,death, and marriage records dating from July 1, 1905 (prior tothis date, contact recorder in county where event occurred).Provides indexes of divorce from January 1962 through June 1984.For other divorce records, contact county clerk’s office incounty where divorce occurred. Charges $12 for certified copiesof birth, marriage, and divorce records, and $8 for deathcertificates. For all inquiries, enclose a stamped,self-addressed envelope.

California Self-Help Center
UCLA Psychology Dept.
405 Hilgard Ave.
Los Angeles, CA 90024
Phone: (213)825-1799
Free: 800-222-5465
Fax: (213)206-4422
Fran Jemmott Dory, Executive Director

California State Banking Commission
111 Pine St., Ste. 1100
San Francisco, CA 94111-5613
Phone: (415)557-3535
Free: 800-622-0620
James E. Gilleran, Supt. of Banks

Divorce and Family Law in California: AGuide for the General Public
B. Pickus
PO Box 27179
Oakland, CA 94602
Bob Pickus. 1991.

How to Do Your Own Divorce inCalifornia: A Complete Kit
Nolo Press Occidental
PO Box 722
Occidental, CA 95465
Charles E. Sherman. 1993. 18th edition.

Office of Child Support EnforcementRegional Representative (California)
50 United Nations Plaza
Mail Stop 334
San Francisco, CA 94102
Phone: (415)556-5176

State Bar of California
555 Franklin St.
San Francisco, CA 94102
Phone: (415)561-8200
Fax: (415)561-8305

Publications: What Should I KnowAbout Divorce?; Who Will Get Custody of Our Children?; How Can IFind and Hire the Right Lawyer?; What If I Have a Problem with MyLawyer?; and What Can I Do If I can’t Pay My Debts?.

© 1997 Flying Solo™. All rights reserved. Legal Notices



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