If my soon to be ex-wife is supposedly pregnant will this keep me from filing for divorce?
California law allows for dissolution of marriage based upon irreconcilable differences and incurable insanity. Irreconcilable differences are statutorily defined as those differences determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
To file for divorce, at least one spouse must have lived in the state for six months and in the county for three months. A form called a petition must be filed with the clerk of the superior court in the county where the person who files lives. A summons must then be issued by the court. The summons is a paper stating that one spouse is filing for divorce. The person filing for divorce must have someone who is 18 years or older personally deliver copies of all papers of the summons and the petition to his or her spouse.
Once the Respondent is served with the Summons and Petition, the marital status cannot be terminated until six months have passed since the service was effected. A typical dissolution of marriage requires the following steps:
1. The Petition is filed and personally served on the Respondent.
2. The Respondent then has thirty days to file a Response.
3. One of the parties to the dissolution will usually request temporary court orders by filing for an Order to Show Cause hearing. At this hearing, the judge will make temporary child custody, support and restraining orders.
4. The parties then engage in discovery, which is the process by which parties to the dissolution exchange information and documents that are relevant to the case. One of the required aspects of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which each party lists the community and separate property. As part of this disclosure, the parties are also required to exchange current income and expense declarations. Other forms of discovery are interrogatories (written questions) and depositions (oral examination under penalty of perjury).
5. After the discovery is completed the parties and their attorneys (if they are represented) will discuss settlement of the case. If the case is resolved by agreement, one of the attorneys will prepare a Marital Settlement Agreement, which will contain all of the terms of the agreement. This is a contract that is signed by the spouses and their attorneys.
6. If the parties are not able to agree on all of the issues in the case, a trial will take place.
7. After the parties sign the Marital Settlement Agreement or after the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This is the document that contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.