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Do I Need My Marriage Certificate to File for...

Do I Need My Marriage Certificate to File for...

After you get married, you need a copy of your marriage certificate for many reasons.  Changing your name on your driver’s license, passport, credit cards, and other places typically requires proof of your name change, which a copy of your marriage license can provide.  If you are filing for divorce, you may be wondering whether you need a copy of your marriage certificate.  After all, is the court going to waste time hearing your divorce case if they don’t have proof that you were married in the first place?  The Ventura, CA divorce lawyers at the Law Offices of Bamieh and Erickson discuss whether you need your marriage license to file for divorce and answer other questions about keeping a copy of your marriage certificate after divorce. Do I Need a Copy of My Marriage License When Filing for Divorce? When you file for divorce, there is quite a bit of paperwork to fill out.  Like most official processes and court filings, there are certain forms the court needs to see before your case is officially “filed.”  You also need to “serve” these papers on your spouse, giving them official notice of the divorce case.  Typically, your marriage license or marriage certificate is not needed during this process. The paperwork you file with the court includes a lot of information.  First of all, the court needs the name of the person filing the divorce forms in case there are any problems with the forms.  If your attorney is filing for you, they will fill this part out.  Next, the court needs the names of the parties – you (the...
What Does No-Fault Divorce Mean in California...

What Does No-Fault Divorce Mean in California...

If you are researching your options for divorce in California, you may have come across the term “no-fault” divorce.  This term can be confusing, especially for people unfamiliar with California’s divorce grounds and legal system.  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth explain what exactly no-fault divorce is in California and how you can file for a no-fault divorce.  For a free legal consultation on your divorce case, call our law offices today. What Are the No-Fault Divorce Grounds in California? When filing for divorce in the United States, there are often many “grounds” for divorce you can choose to base your divorce on.  Many states allow divorces based on adultery, abuse, abandonment, and other issues of wrongdoing or serious offense to either spouse.  In the past and in states that only have “fault” grounds for divorce, this means that there are no options for divorce unless your spouse did something wrong. California and many other states offer options for “no-fault” divorce.  This means that instead of trying to find some excuse or problem with the marriage, you can get divorced based on the simple fact that you and your spouse no longer want to be married or no longer get along as a married couple should.  The “no-fault” grounds for divorce in California are known as divorce for “irreconcilable differences,” which simply means that you and your spouse have something wrong with your relationship that you cannot resolve and you want to get divorced. Without a requirement to find grounds for divorce, more people have access to divorce.  Historically, before no-fault divorce...
Does It Matter Who Files for Divorce in Calif...

Does It Matter Who Files for Divorce in Calif...

Filing for divorce can be a big step, and decisions around when to file, how to file, and who should file can seem complex.  Before making any decisions, it is important to understand the effects of these choices.  Generally, who files the divorce case does not have serious effects on the outcome, but there are circumstances where these decisions can make a huge difference.  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth explain. Does Which Spouse Files a Divorce Case Affect the Outcome? In California, all divorces are “no-fault” divorces.  This means that when you get divorced, the “grounds” you claim for the divorce do not deal with either party’s “fault” in causing the divorce.  In other states, courts require you to allege some sort of wrongdoing from the other party.  In those states, if you are not the “victim” of the wrongdoing, you probably cannot file for divorce.  In California, either party can file on no-fault grounds. When you file for a no-fault divorce in California, instead of accusing the other spouse of adultery, abuse, abandonment, or other grounds for a fault divorce, you merely claim that you and your spouse have “irreconcilable differences” and cannot continue to be married.  Because this type of divorce accuses that there is something wrong with the divorce not with the other spouse, either spouse can file, and the effect should be the same. Courts typically do not change the outcome of the case based on which spouse files.  The only time that the outcome might be different is if the respondent does not come to court. ...
How Soon Can You Get a Divorce After Getting ...

How Soon Can You Get a Divorce After Getting ...

To file for divorce in California, there is only one real requirement that you must meet: you have to already be married first.  Generally, you can get divorced almost as soon as you get married – if you want to – but there are a few other requirements and legal issues that could delay your divorce.  Our Ventura divorce lawyers explain how long after getting married you have to wait before you can file for divorce and have a divorce finalized.  If you need help with your divorce case or more information about filing for divorce and how long the divorce case takes, call the Law Offices of Bamieh and De Smeth to schedule a free legal consultation with our divorce attorneys. How Long After Marriage Can I Get Divorced? California law makes marriage accessible to many people that the laws of other states would stop from getting divorced.  Generally, you do not need to allege fault to get married.  Instead, you claim that there are “irreconcilable differences” that prevent you and your spouse from staying together.  This means that you do not need to wait for abuse to start or an affair to begin before you file for divorce – you could conceivably file for divorce as soon as the marriage is official.  However, there are some potential delays you could face. To get divorced in California, you must show that a court has jurisdiction over your case.  Even if you were married in another state, you can get divorced in California – but at least one of you must be a resident of California to use its...
Do I Have to Go to Court for Uncontested Divo...

Do I Have to Go to Court for Uncontested Divo...

If you and your spouse have discussed divorce and want to file an uncontested divorce, you may be confused about how the process proceeds.  Most divorce cases involve going to court, holding hearings for property division and child custody, and having a judge make decisions about your case.  However, if the divorce is “uncontested” and your spouse has no objections, do you need to do any of that?  The Ventura divorce lawyers at the Law Offices of Bamieh and De Smeth explain what you need to do for an uncontested divorce or default divorce and how the case proceeds. What Are the Steps for an Uncontested Divorce? When you file for divorce, you typically serve the paperwork to your spouse and they get a chance to respond to the case in court.  If there are no agreements in place, each side presents their cases for asset division, alimony, child custody and support, and other issues, potentially leading to disagreements and long court proceedings to figure out how to institute the divorce.  In uncontested divorces, none of this debate or disagreement takes place. Typically, instead of relying on the court to decide issues, these divorce cases are “uncontested” because the spouses work things out on their own.  This usually means each party gets a lawyer and they meet to draw up agreements on the following: How to divide assets Whether a spouse will pay spousal support How much the spousal support will be Who gets custody of the children How parenting time is divided Who pays child support How much child support they pay Other issues related to finances and...
What is the Cheapest Way to Get a Divorce in ...

What is the Cheapest Way to Get a Divorce in ...

In California, there are a few options to get divorced.  In nearly every case, you must go to court and have a judge approve your divorce case.  To cut costs on your divorce, you may be able to file your case yourself – but doing so opens you to potential problems and later expenses if you make quick decisions without understanding their legal effects.  The Ventura divorce attorneys at the Law Offices of Bamieh and De Smeth discuss your options for divorce and why working with an attorney may be better than taking the “cheap” route of filing your divorce case yourself. Is it Cheaper to File for Divorce Without a Lawyer? Paying a lawyer may seem like an unnecessary expense in your divorce case.  Many people see that divorce requires forms to file with the court and think that they can handle the paperwork and file their divorce case on their own without a lawyer (known as filing “pro se”).  While this may save you money if your only costs to file pro se are the cost filing fee and cost of serving your spouse with the paperwork.  Ultimately, this option might not be as cheap and easy as you think. Filing for divorce has a few important steps: Filling out paperwork Serving your spouse with divorce papers Negotiating terms of the divorce (for uncontested divorces) Listing your finances, assets, and debts in full Appearing in court to finalize the divorce Participating in hearings and legal arguments as needed (common in a contested divorce) When you handle these issues on your own, you might only pay out of...
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