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The Law Offices of Frank D. Rorie
The Iowa Courthouse
18411 Crenshaw Blvd.
Suite 360
Torrance, California 90504
Phone (310) 316-6893
Petition
DEFINITION OF MARRIAGE
Marriage is the social institution under which a man and woman establish their decision to live as husband and wife by legal commitments, or in the case of domestic partnership, a relationship in which two people have pledged themselves to each other in the manner of a husband and wife, without legal sanction. "marriage."
Dictionary.com Unabridged (v 1.1). Random House, Inc. 23 Jun. 2007. It is a contract which imposes certain rights and duties upon the parties.
THE PETITION (FORM FL-100)
In the State of California, when a party wishes to alter that marriage contract by (1) dissolving the marriage, (2) legally separating, or (3) nullifying the marriage, they must file form FL-100 (here) (or in the case of Domestic Partnership, form FL-103), also known as the Petition.
The first party who files the Petition will be known as the "Petitioner", making the other party the "Respondent". A petitioner can file without an attorney In Pro Per, which in Latin means "for one's self", or she/he may hire an attorney who will file the Petition on behalf of the Petitioner.
REQUIREMENTS
If filing for dissolution, the party must have been a resident of the state of California for at least six months and of the county in which he/she is filing (ex. Los Angeles), for at least three months immediately prior to the filing of the Petition. A party may not, for example, move from Orange County to Los Angeles County within three months of her/his filing a Petiton for Dissolution (divorce). You may wish to seek an alternative form of altering the marriage contract, such as Legal Separation.
You will be required to know such statistical facts as your (1) dates of marriage and separation, and (2) the names, birthdates, ages, and sex of your children. You will also be required to list your separate and community property through a form called a Schedule of Assets and Debts.
GROUNDS
A petitioner may request dissolution or legal separation of the marriage based on (1) irreconcilable differences (Fam. Code, Section 2310(a)), or (2) incurable insanity (Fam. Code, Section 2310(b)). A marriage may be considered void and will be nullified if it is a (1) incestuous marriage (Fam. Code Section 2200) or a bigamous marriage (Fam. Code Section 2201). A marriage may also be considered voidable based on (1) the petitioner's age at the time of the marriage (Fam. Code, Section 2210(a)), (2) a prior existing marriage (Fam. Code, Section 2210(b), (3) unsound mind (Fam. Code, Section 2210(c), (4) fraud (Fam. Code, Section 2210(d), force (Fam. Code Section 2210(e), or physical incapacity (Fam. Code, Section 2210(f).
REQUESTS
The petitioner will ask the court to grant legal and physical custody of the children to a party, and the petitioner will also make a request for visitation rights to be granted to a party. The petitioner will ask the court to grant attorney fees and costs to be payable by a party, and may also request spousal support. The petitioner may also request that his/her former name be restored.
