Legal Question in Family Law in California
Divorce to change Status Only
I would like to know what info the court needs to make a judement to change my status only. I am trying to get re-married and need a divorce
2 Answers from Attorneys
Re: Divorce to change Status Only
I'm not sure the prior answer gave you the information you requested. Also, only one of the parties needs to have been a resident for the requisite period.
You need to file a motion for bifurcated trial. The only issue will be marital status. The motion must be served 30 days before the hearing. This can also be done by stipulation, if your ex will cooperate. You are seeking "Judgment (Status Only)".
Re: Divorce to change Status Only
First the statutory 6 month waiting period must have passed. The time commencing when the respondent is either served or files an answer. The time commences when the first of these occurs.
The petitioner must have ben a resident of California for 6 months and the county for 90 days at the time the petition was filed.
Then irreconcilable differences must have risen in the marriage. The court does not inquire into the nature of these differences.