California Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the California Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Petitioner

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
Superior Court of California, County of ___________.

The proper name of the court in which a Dissolution of Marriage is filed in the state of California. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:
http://www.childsup.cahwnet.gov/Default.htm

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the California Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Final Judgment of Dissolution of Marriage

The title and name of the legal document that will finalize the California Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office of the Superior Court

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

The grounds for obtaining a legal separation in California are: (1) irreconcilable differences and (2) incurable insanity. A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for. [Annotated California Code; Sections 2310 and 2320].

Property Distribution:
Community Property

The applicable California law that will dictate how property and debt is to be divided upon Dissolution of Marriage.