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Things to Consider Before Getting a Divorce
There are two important issues to consider before you get a divorce:
1) Can you resolve your differences without a divorce?
Resolving Your Differences
In the best of all situations, there would be no need for a divorce, and couples could calmly work out their differences. Below is a list of things you may want to try before proceeding with your divorce:
1) Is your spouse open to the idea of obtaining help from a professional counselor? In certain circumstances, marriage counselors can help couples effectively communicate their issues to each other. In any relationship, communication is essential; a marriage counselor may be able to help you objectively resolve your problems.
2) Have you and your spouse considered spending time apart? Sometimes taking a break from your relationship can be a healthy way to obtain some perspective on your relationship. It is possible that you and your spouse may realize that the good things in your relationship far outweigh the bad. Although a short break from a relationship may help some couples, other couples may realize that they enjoy being single more than they enjoy being married.
Important Note: If you plan to "separate" from your spouse temporarily, it is advisable that you at least consult an attorney first to discuss the legal factors that may affect your divorce (especially if children and support issues are at issue).
Caution: If there ever is a point where you feel threatened with physical violence, immediately take steps to protect yourself by calling the police, a crisis shelter, or an attorney. Violence should not be tolerated, and removing yourself from harm's way should be taken seriously.
Qualifying for a Divorce
In order to qualify for a divorce in the state of California, you must meet the following requirements:
1) You must be a resident of the State of California for at least 6 months. You must also be a resident of the county where you will file for dissolution for at least 3 months.
2) You must file for a dissolution in the state where you currently reside (i.e., California) regardless of the state in which you were married.
3) If you do not meet the requirement of a six-month residency in the State of California, you may file for a "legal separation," and change that filing to a dissolution of marriage once you meet the six-month residency requirement. You should consult a lawyer before undertaking this step.
If you meet the above qualifications for a divorce, and it appears that resolving your issues is unlikely, a dissolution may be unavoidable. The Law Office of Peter H. Wernicke understands that times like these can be bit confusing, and even a bit overwhelming. However, my staff and I have the skill and experience to guide you through this process while handling every aspect of your case. To contact us for an initial consultation, simply call (714) 558-8841 to set up an appointment.
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