Family Law

Your Legal Document Services pays attention to detail. Most documents are typed and prepared within the same day. We are truly understanding and compassionate to our client during this difficult time. We provide services in San Diego County and Riverside.

We facilitate and keep track of the filing of your divorce paperwork. From filing the initial Petition to obtaining your final Judgment of Dissolution, Legal Separation or Nullity. We keep our clients informed in every step as your divorce proceeds through the court system.

Even if you have already filed your initial documents and are trying to finalize your paperwork, have received “court rejection notices” on filed documents or have unforeseen delays, we can correct and update your paperwork! If you are considering preparing your own divorce or have already begun the process of marital settlement agreement documentation and are looking for professional assistance in San Diego County, we would be glad to help!

Our services in most cases include one flat fee. If you qualify, your court filing fees can be waived. For Court Fee Waivers, supporting documents must be submitted i.e. proof of public assistance; proof of disability, SSI, etc.

What is Dissolution of Marriage? (Divorce)

The dissolution process is to terminate the marital status or domestic partnership and decide issues such as child custody, visitation, child support, and spousal support and create an equitable division of assets and debts, as well as many related issues to these primary categories.

Residency Requirements: To file for dissolution of marriage in the State of California one person must be a resident of California for a minimum of six (6) months and a resident of San Diego County where the filing occurs for at least three (3) months immediately prior to filing the petition. If you have been a resident of the state of California for less than six months or San Diego County less than three months you may file for a “Legal Separation” and amend your legal separation to a dissolution of marriage after you have met the residency requirements.

What is Legal Separation?

A legal separation allows a couple to divide their assets and debts, create co-parenting schedules with children and address custody, child and spousal support issues that may be needed. However, it does not terminate the marital status. This process is identical to the Dissolution process with this exception. Therefore, the couple may continue to file taxes jointly and remain on each other’s health coverage plans.

Why choose a Legal Separation over a Dissolution of Marriage?

Couples may elect to obtain a Judgment of legal separation rather than a dissolution for several reasons, such as:

  1. The parties believe there is a reasonable possibility of reconciling in the future and desire not to terminate their marital status
  2. The filing party has not yet established residency in the State and/or County for the requisite time frame to file for Dissolution. After residency is established, the party may amend the petition for legal separation to dissolution without paying an additional filing fee.

Important Facts:

  • You do not need to file a legal separation before filing a dissolution; they are separate types of filing and carry different legal outcomes.
  • Both parties must agree to a legal separation. If a party files a legal separation petition and the other responds by filing a request for dissolution the case will be characterized as a dissolution.
  • If you file for legal separation and decide to convert to a dissolution, you can do so before obtaining a Judgment of dissolution. After a Judgment of dissolution has been entered, you must file a new petition and repay the initial filing fee again to open a dissolution case. A new case number is assigned.

Nullity of Marriage

To file a petition for “Nullity of marriage” or “Nullity of a Domestic Partnership” is when a court says your marriage or domestic partnership is not legally valid. After an annulment, it is like your marriage or domestic partnership never happened because it was never legal in the first place. Annulment of marriage is based on circumstances that existed prior to the marriage, rendering the marriage either, Void or Voidable.

Important Facts:

  • A nullity is determined by the court based on evidence submitted that the marriage union was entered into with a pre-existing defect. A short passage of time in the marriage is not an adequate basis for a Nullity request: i.e. we have only been married for six (6) months…
  • A “Void” circumstance is a pre-existing defect that dictates the marriage was never valid because it was contrary to law: i.e. one spouse is currently married to someone else or a marriage had not fully terminated before remarriage…
  • A “Voidable” circumstance is a pre-existing defect that upon discovery may invalidate the marriage union: i.e. one party was underage at the time of marriage…

Summary Dissolution

In addition, a shorter and easier way to handle a dissolution is available to qualifying individuals and is called a “Summary Dissolution” but not everyone can utilize this method. Briefly, a summary dissolution is possible for couples that meet the following circumstances:

  • Have no children together
  • The date of marriage was less than five years from the date of separation.
  • Do not own much property.

Any Questions? Call Us Today