An Introduction to Divorce
   By Dana Urick, Esq.

            In order for an individual to begin divorce proceedings, A Petition for Dissolution of Marriage must be filed with the Superior Court. Among other information, the date of the parties' marriage as well as the date of separation must be included on the Petition. The date of separation is very important, as it will eventually be used to decide whether property is considered "community property" or "separate property".

            When an individual enters the "divorce arena", he or she soon realizes that there is another language out there - the "dissolution of marriage" language. Also, those unfamiliar with California quickly discover that unlike many other States, this State is a "community property" state which means, in general, that all property acquired during marriage in the State of California is presumed to be community property which gets split in half between the parties (absent other legal circumstances to be discussed with your attorney).  Click HERE for more information on divorce in California.

DIVORCE TERMS:

The following terms may help acquaint a newcomer to divorce with some of the language.

            Petitioner - The spouse who files the Petition for dissolution or legal separation.

            Respondent - The spouse who responds to the Petition.

            Community Property - Community property is all property acquired by a married person during marriage, except as otherwise provided by law.

            Separate Property - Includes a married person's property owned before marriage, property acquired during marriage by gift or inheritance, and the rent and profits of any such property. Additionally, it includes post-separation earnings and accumulations, and sometimes, personal injury damage awards.

            Physical Custody - The child(ren) of a parent with physical custody, reside with that parent, subject to the other parent's visitation rights. Physical custody may be shared (joint) or given to one parent (sole).

            Legal Custody - A parent with legal custody has the right and responsibility to make decisions regarding the child's health, education and welfare. Legal custody may be shared (joint) or given to one parent (sole). 

            Legal Separation - Many people choose to file for legal separation, instead of divorce, for religious reasons, or to avoid the "stigma" of divorce. Other reasons include to stay as a dependent on a spouse's medical or dental insurance. In many respects, it is similar to getting a divorce, but you stay "married". You cannot remarry so long as you are legally separated.