A certified copy of a divorce decree is more than a photocopy of the court document. It is an official copy, made by a court officer in the place where the official document is kept. That officer makes sure that it is a true copy and, to prove its authenticity, the officer stamps the copy with an embossed seal of the court or the state. You may require a certified copy of your divorce decree when you need to show the facts of your divorce for government benefits. For example, if you are making a claim for Social Security benefits through your ex-spouse, you may need a certified copy of the divorce decree.
In some places, you may also need the document if you want to remarry. If you were divorced in Kern County, you'll have to work with the Kern County superior court to get a certified copy of your decree. If you went through a divorce in Kern County, you can obtain a certified copy of your divorce decree only from the Kern County superior court.
You'll want to contact the superior court to get the ball rolling. That is a good place to ask for information about exactly where you should file the request for the document. The clerk is going to need fairly detailed information about your divorce. To expedite things, bring the date of your marriage, the date of the divorce and the divorce case number.
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California Public Records
The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. California Divorce Laws Residency and Filing Requirements: In order to file for a dissolution of marriage in California, residency requirements must be met for the court to accept the case.
If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. This can also apply to those situations where the spouses continue to live together and wish to separate their finances even though they continue to cohabitate. I cannot emphasize the word "temporary" enough. This is not a divorce agreement. This is not a marital settlement agreement. This is nothing more than each spouse coming to an understanding about how they will temporarily pay for debts, separate accounts as well as take related action as they embark on a divorce in California.
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This is another reason why experienced family law representation is important. An experienced lawyer can draft such agreements with the understanding they are only temporary until the spouses figure out what they intend to do during the divorce case. In our experience, this is more common than separation of finances by agreement before getting a divorce.
We believe most spouses do not take the time to come to agreements on such issues. The most common actions we see are the following:. One spouse may even "cut off" the other spouse from any financial help. To some degree, all of these moves are foolish. We certainly understand those situations where spouses cannot agree because one spouse is being unreasonable and the reasonable spouse has to take action. What we do not understand is those situations where neither of the spouses even try to reach an agreement. To give you the bottom line on such unilateral action, be careful that you do not breach your fiduciary duties to your spouse or, even if it does not rise to that level, take action that will cause a Family Court to hold a negative opinion of you.
Before you take action, take the time to consult with an experienced family law attorney who can tell you if the action you propose to take is wise or requires, at a minimum, an attempt to reach an agreement with your spouse. However, it may make you feel a lot worse in the midterm to long-term if you find out that action actually violated the law or that action cost you significantly more money than you thought you saved.
Emotion laced, financial decisions are almost without exception foolish decisions. There is no emotion in numbers.
California Divorce – An Overview of the Divorce Process
There are only dollars and cents and ensuring what you do is reasonable and complies with the law. A trial separation is a physical separation between a husband and a wife that gives each of them time and space to determine if they wish to remain separated or resume their marriage. Trial separation is similar to a testing period for spouses with marital problems that are significant enough to cause the separation but not so significant that one or both of them want to proceed with getting a divorce in California.
We expand on each of the above in an article we wrote about exactly this topic. Please check out our article titled trial separation before divorce. The road to parenting time agreements before getting a divorce starts with communication and ends with a consensus consistent with the child or children's best interest.
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If parents can communicate amicably and with their children as the focus, they can resolve just about any child custody and parenting time related issue. We touched on parenting time agreements earlier in this guide.
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Let us dive into parenting guidelines. Our strong recommendation is a careful review of the Orange County Parenting Guidelines unless the proper county for your case has its own extensive parenting guidelines. Guidelines are not the law. They are not legal authority of any kind.
However, they are a wonderful guide to help you better understand different types of parenting schedules for regular parenting time, holiday schedules, etc. If your county does not have extensive guidelines, those of Orange County will still be helpful to you.
Divorce in California
If parents communicate on that peaceful and child focused level and take the time to go through their county's parenting guidelines or those of Orange County , they should find a parenting schedule that makes sense for the children. What happens after they find it? There are several options available and the first one makes the most sense for most parents:.
While it is not a guarantee of failure, complex, parenting time agreements have too many moving parts, hard on the children and are difficult to remember and track for the parents. Keep it simple and you will have a more predictable process as you move toward a divorce in California. Remain flexible with each other when flexibility is necessary due to work, school or other commitments.
Flexibility should be reasonable. Reasonable means neither party should carry a great burden during this process. If one parent simply cannot follow a schedule, overburdening the other parent is unreasonable. If one parent just needs occasional changes that are a minimal burden on the other parent, the other parent should accommodate those changes. Although some children, depending on their personalities or special needs, may take longer to just, children for the most part adapt to change quickly.
I see too many parents cause significant stress on themselves and the other by trying to create what they believe to be the "perfect schedule. Many times, they are just making it worse. A separation will cause disruption in your life and therefore it will cause a disruption in your children's lives as you proceed toward a divorce in California.
While you are going through the divorce, there will be even more disruption. Do not drive yourself crazy trying to come up with the perfect arrangement. There is no such thing. The less stress you place on each other as parents, the less stress you will pass on to your children during this entire process. Here are the links to the different parenting guidelines in certain Southern California counties:.
Everybody sane wants an uncontested divorce. Only a true sociopath or martyr would desire a contested divorce. Contested divorces do happen because such sociopaths do exist. However, most of the time a contested divorce happens because a husband and wife are simply unable to agree on the facts or the application of the law. Sometimes, it is just a lack of thinking and letting emotions take over.
Goodness knows we have had plenty of evidentiary hearings and trials because our client's spouse refused to embrace reality. The two-word answer is, "the spouses. They mutually dictate a divorce's direction. Lawyers do not do that. Judges do not do that. Neither the law nor any family court system does that. When you hear people tell their nightmare divorce stories, it is not because anything a judge, a lawyer or the system did, despite what they tell you. It was a husband and wife who could not get on the same page and both of them took their chances with the court.
The two most important things I want you to take away if you want an uncontested divorce in California are these:.follow site
California Public Records
Take the time to educate yourself about divorce in California and specifically about California divorce laws and the California divorce process. The more you a read reputable content on the subject, the more b you communicate with your lawyer about questions you have and concerns you want to address. That translates to a more informed you from start to finish. What is the best thing about being this informed? Even in the face of adversity or conflict of any kind, you make better choices.
This is not about feelings, emotions, or your ideas of fairness. This is about the application of the facts to the law. An uncontested divorce in California may start as a contested or even high conflict divorce.