Community Property

HOW MUCH DOES IT COST TO FILE A DIVORCE PETITION?

It costs $435 for the petition and if the respondent files a response, they pay about the same amount. There also might be a small charge from the court for copies.

 

HOW LONG WILL MY DIVORCE TAKE TO GET FINALIZED?

If the respondent doesn’t file a response, then you can move for a default judgment on the 31st day after you served the petition. However, your divorce won’t be final until 6 months after the petition was served.

 

WE ALREADY DIVIDED OUR COMMUNITY PROPERTY SO DOES THE COURT EVEN GET INVOLVED?

Your property remains community property until the court divides it regardless if you and your spouse have already divided it. So, both parties own the property as tenants in common during the mean time. The same goes for community debt.

 

WHAT IF WE GET BACK TOGETHER?

That is one less case a family law judge has to deal with so he or she will be happy. The petitioner simply brings a motion to dismiss the case. If a response was filed, then the respondent must sign as well.

 

AT WHAT POINT CAN I GET REMARRY?

You can’t legally get married until your divorce is finalized. That means at least 6 months after the petition was served.

 

WHAT IF WE GET DIVORCED IN A FOREIGN COUNTRY?

If the divorce is valid in the foreign country, then it can possibly be valid in the United States as long as both parties had residency in the foreign country. If neither party is a resident of the foreign country, then it most certainly will be invalid and any court orders won’t be enforced in the States.

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If you are in either Modesto or Stockton and you need an experienced family law/divorce lawyer, call us today!