I need help locating a form for legal separation.
Full Question:
I need help locating a form for legal separation.
11/13/2007 |
Category: Divorce ยป Legal Separa... |
State: California |
#12165
Answer:
The following are California statutes:
§ 2310 Fam.
Dissolution of the marriage or legal separation of the parties may
be based on either of the following grounds, which shall be pleaded
generally:
(a) Irreconcilable differences, which have caused the irremediable
breakdown of the marriage.
(b) Incurable insanity.
§ 2311 Fam.
Irreconcilable differences are those grounds which are determined
by the court to be substantial reasons for not continuing the
marriage and which make it appear that the marriage should be
dissolved.
§ 2321 Fam.
(a) In a proceeding for legal separation of the parties in which
neither party, at the time the proceeding was commenced, has complied
with the residence requirements of Section 2320, either party may,
upon complying with the residence requirements, amend the party's
petition or responsive pleading in the proceeding to request that a
judgment of dissolution of the marriage be entered. The date of the
filing of the amended petition or pleading shall be deemed to be the
date of commencement of the proceeding for the dissolution of the
marriage for the purposes only of the residence requirements of
Section 2320.
(b) If the other party has appeared in the proceeding, notice of
the amendment shall be given to the other party in the manner
provided by rules adopted by the Judicial Council. If no appearance
has been made by the other party in the proceeding, notice of the
amendment may be given to the other party by mail to the last known
address of the other party, or by personal service, if the intent of
the party to so amend upon satisfaction of the residence requirements
of Section 2320 is set forth in the initial petition or pleading in
the manner provided by rules adopted by the Judicial Council.
§ 2330 Fam.
(a) A proceeding for dissolution of marriage or for legal separation of
the parties is commenced by filing a petition entitled "In re the
marriage of ___________ and __________" which shall state whether it is a
petition for dissolution of the marriage or for legal separation of the
parties.
(b) In a proceeding for dissolution of marriage or for legal separation
of the parties, the petition shall set forth among other matters, as
nearly as can be ascertained, the following facts:
(1) The date of marriage.
(2) The date of separation.
(3) The number of years from marriage to separation.
(4) The number of children of the marriage, if any, and if none a
statement of that fact.
(5) The age and birth date of each minor child of the marriage.
§ 2330.1 Fam.
In any proceeding for dissolution of marriage, for legal separation of
the parties, or for the support of children, the petition or complaint
may list children born before the marriage to the same parties and,
pursuant to the terms of the Uniform Parentage Act, a determination of
paternity may be made in the action. In addition, a supplemental complaint
may be filed, in any of those proceedings, pursuant to Section
464 of the Code of Civil Procedure, seeking a judgment or
order of paternity or support for a child of the mother and father of the
child whose paternity and support are already in issue before the court.
A supplemental complaint for paternity or support of children may be
filed without leave of court either before or after final judgment in the
underlying action. Service of the supplemental summons and complaint
shall be made in the manner provided for the initial service of a summons
by this code.
§ 2333 Fam.
Subject to Section 2334, if from the evidence at the hearing the
court finds that there are irreconcilable differences which have
caused the irremediable breakdown of the marriage, the court shall
order the dissolution of the marriage or a legal separation of the
parties.
§ 2334 Fam.
(a) If it appears that there is a reasonable possibility of
reconciliation, the court shall continue the proceeding for the
dissolution of the marriage or for a legal separation of the parties
for a period not to exceed 30 days.
(b) During the period of the continuance, the court may make orders
for the support and maintenance of the parties, the custody of the
minor children of the marriage, the support of children for whom
support may be ordered, attorney's fees, and for the preservation of
the property of the parties.
(c) At any time after the termination of the period of the
continuance, either party may move for the dissolution of the
marriage or a legal separation of the parties, and the court may
enter a judgment of dissolution of the marriage or legal separation
of the parties.
§ 2335 Fam.
Except as otherwise provided by statute, in a pleading or
proceeding for dissolution of marriage or legal separation of the
parties, including depositions and discovery proceedings, evidence of
specific acts of misconduct is improper and inadmissible
§ 2345 Fam.
The court may not render a judgment of the legal separation of the
parties without the consent of both parties unless one party has not
made a general appearance and the petition is one for legal
separation.
§ 2347 Fam.
A judgment of legal separation of the parties does not bar a
subsequent judgment of dissolution of the marriage granted pursuant
to a petition for dissolution filed by either party.