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What should you know about divorce rules and divorce basics?

Divorce Rules

There are certain divorce rules which you and your spouse must follow while the divorce is pending. California divorce rules prohibit both spouses from doing some things. Those rules are called temporary restraining orders and they take place automatically when the first set of divorce document is filed with the court.

The spouses will not be allowed to take their minor children out of state without each other written permission or a court order. The spouses will not be allowed to cancel or change the beneficiaries on the insurance. Any transfer property is prohibited as well. Any proposed extraordinary expenses must be communicated to your spouse at least five days prior to incurring these expenditures and be prepared to account for such expenses to a judge. These divorce rules are stated on the back of the divorce Summons.

Divorce grounds

Divorce grounds are regulations stated under which circumstances a person will be granted a divorce.

There are fault divorce and of no fault divorce jurisdictions. In fault divorces, the spouse is seeking a divorce because they stated the other spouse did something wrong that justifies a divorce. The examples of divorce Grounds under fault divorce are adultery, bigamy, cruelty, abandonment, criminal conviction.

California is non-fault divorce jurisdiction. There are two grounds for divorce in California: Irreconcilable differences and Incurable insanity. When you file for a divorce in California and you need to fill petition FL-100, section 6 (a) you need to mark box (1) Irreconcilable differences or box (2) Incurable Insanity. Most of the time it goes by Irreconcilable differences. For “Incurable Insanity” you need medical proof under Family Code §2312 (“…including competent medical or psychiatric testimony, that the insane spouse was at the time the petition was filed, and remains, incurably insane.”).

Agreement

Couples and their mediator (or their attorney) will work on resolving the issues raised in the divorce. If the couple reached an agreement, they might not have to go to the court. If couple are unable to reach an agreement, they need to appear in court for the trial in which and a judge will make the decisions.

If your spouse injures you

If your spouse injures you or someone in your family, you should call the police immediately. The police can contact judicial officer to issue an Emergency Protective Order. Such order will prohibit your spouse from coming certain distance of you. The order will also prohibit spouse from staying in the family home. An EPO can be in effect for seven calendar days or five court days, whichever is earlier. After that you would need to file for a Temporary Restraining Order (also referred to as a TRO) from you’re the court of the county you live in. Our experienced paralegals can help you fill out the necessary forms.