There are 3 main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.
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In California, there is a minimum requirement of six months before the status of the marriage can be legally terminated.
This is a common misconception. Filing first does not give anyone the upper hand. The law is applied equally regardless of which party files first.
Filing first does however set some important dates regarding the commencement of temporary orders for custody, visitations and support issues.
No. The courts generally follow the best interest of the children standard which generally requires frequent and continuous contact between the child or children and both parents.
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