Yes. The way this is done is to file the case as a “Legal Separation”, then convert it to a dissolution after the statutory 6-month residency period has run.

A legal separation is identical to a dissolution in procedure and substance except for two things: (1) There is no residency requirement for a Legal Separation and (2) A Legal Separation does not change your marital status, ie., you will still be married after a Legal Separation. In order to terminate your marriage you will have to file for and obtain a Dissolution of Marriage.

There is no legal restriction on your relationships with other people during your divorce. However, there is usually an emotional impact on a party when the other spouse takes a romantic partner. This jealousy can affect the party’s ability to effectively participate in settlement negotiations.

No.  Generally, California is a “no fault” state with regard to dissolution actions, ie., evidence of conduct which you may think is morally wrong is not admissible unless it directly impacts on the issues of the case.

The time it will take to complete your dissolution is dependent upon several factors: The cooperation between the parties or from the opposing attorney, the complexity of the case and the willingness of the parties to complete the case and produce the necessary documents and evidence. Obviously, the more the parties can settle the issues in their case the less time it takes to complete. Our office has completed cases within a few weeks and also had cases that took a year or more to finish.

Again, the attorney’s fees and costs are directly dependent upon the factors above.  However, the horror stories you may hear about outrageous fees are greatly exaggerated. It is important that you discuss the expected fees and expenses with your lawyer before you retain him/her. After he/she assesses the facts and issues in your case, it will be easier to estimate the costs, provided you understand that the estimate is only that. Unforseen complications can arise that are beyond the control of the lawyer that can impact on the ultimate cost of the case.

No, in small asset cases, where there are no children or other complicated issues, AND the parties agree, you can use the summary dissolution process. You can pick up the form package at the superior court. Additionally, the Superior court provides the Family Law Facilitator’s Office to assist you by giving legal advice and preparing pleadings in your case. More information can by found on-line. (CLICK HERE)

Ordinarily, the termination of your marital status will terminate your qualification under your spouse’s medical insurance. If the insurance is provided by your spouse’s employer, you can elect to continue your coverage for up to three years through the C.O.B.R.A. Act. However, this coverage is usually expensive.  This is usually practical only when there is some pre-existing health problem that would make you uninsurable. Another possibility is to obtain a legal separation instead of a dissolution so your marital status and therefore your eligibility remains in tact. This, of course, would require your spouse’s agreement.

Since time sharing with the children is a factor in determining guideline child support, any substantial change in visitation may form the basis for modification. However, the court cannot make a retroactive modification, ie,. the modification can only be effective from the date you file the motion. So it is important to file as early as you can after a change in circumstance happens.

Your support obligation does not automatically end if you lose your source of income. As stated in the previous answer, the court cannot make a retroactive modification. Therefore, it is important that you file a motion as soon as you find out your income will end.

If you are the payor, the court can “impute” earnings to you based upon your historical ability to earn. So it usually doesn’t work to lower or eliminate your support obligation. If you are the supported party the same principle applies, moreover, there is not a dollar for dollar increase in support when you decrease or eliminate your income. In other words, if you are netting $1,500/Mo. from your job, the amount of increased support you will received if unemployed is going to result in less in your pocket than if you kept your job and accepted a lower support.