Once a spouse files for divorce, there’s no waiting period required before the divorce process can proceed. However, California law does have a six-month waiting period from the date of service of the divorce petition before a divorce can be…
In California, a putative spouse is someone who enters into a marriage with a sincere belief that the marriage is valid and legally recognized, but in reality, the marriage is invalid due to some legal impediment. Putative spouses are individuals…
In California, an annulment is a legal process that declares a marriage null and void, as if it never legally existed. Unlike a divorce, which terminates a valid marriage, an annulment essentially erases the marriage from a legal standpoint. Annulments…
Quasi-community property refers to property acquired by a married couple while living in a state other than California that would have been considered community property if acquired in California. When a couple divorces in California, the court treats quasi-community property…
Personal jurisdiction refers to a court’s authority or power over the parties involved in a legal dispute, particularly their ability to assert jurisdiction over individuals or entities named as defendants in a lawsuit. It is distinct from subject matter jurisdiction,…
Subject matter jurisdiction refers to a court’s authority or power to hear and decide cases of a particular type or category based on the subject matter or nature of the dispute. It is one of the foundational principles of the…
In civil cases in California, “service of process” refers to the legal procedure of providing formal notice to a defendant that a lawsuit has been filed against them. Proper service of process is a fundamental requirement in civil litigation to…
A Marvin action, also known as a Marvin claim or Marvin suit, refers to a legal action in California based on the principles established in the landmark case Marvin v. Marvin (1976). This case involved a dispute between Lee Marvin,…
In California divorce law, separate property refers to assets and debts that belong exclusively to one spouse and are not considered community property. Unlike community property, which is subject to equal division upon divorce, separate property generally remains the sole…
In California divorce law, community property refers to the legal rule that assets [and debts] acquired by either spouse during the marriage are considered [subject to certain exceptions] community property and are to be equally divided upon divorce. This means…