Getting around the six month residency requirement to file a divorce in California

$2,000 a month. Your home equity is $350,000 because the fair market value of your house in LA is $750,000 and your mortgage balance is $400,000.

You pay $500 a month for a MB 350 2018 model with another two years to go.

So the question is are you an honest debtor? And the answer is YES, of course you are. Remember our analogy?

You were going through life enjoying each day of your life, but all of a sudden, you get hit with a serious case of COVID that requires the El turbo. Don’t tell me that it was your intention to get COVID all along. Of course, it’s certainly not true that it was your intention to get COVID all along.

The same is true with your accumulated credit card debt of $110,000. You were just enjoying your life traveling and eating out, not realizing that your debt was getting bigger every year, because that’s what those credit cards are designed for. It’s designed for a slow build up that prevents you from feeling the build up. Your income was good before the pandemic hit. Therefore, you’re exactly the honest debtor that bankruptcy law envisioned. You need a fresh start in life without the burden of accumulated debt of $110,000 that requires $3,500 a month to keep current.

In Chapter 7, you will keep your house, your car, all your other assets within applicable exemptions, even if your house equity is now $350,000, you keep it as you get rid of your $110,000 in credit card debt! That is a sweet deal, but absolutely necessary to give you a fresh start in life to make you productive again.

This is the reason why Walt Disney filed for Chapter 7 twice. After his second fresh start without accumulated debt, his business, started becoming more and more successful until now, it’s a multi-billion dollar business worldwide!

This is also the reason why Milton Hershey filed for Chapter 7 once. After getting a fresh start without accumulated debt,

Barrister’s Corner

GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where the proceeding is filed for three months immediately preceding the filing of the petition. This poses a problem for divorcing couples that has not resided in California for at least 6 months. Couples that moved to California from other states or other countries are faced with this problem because they cannot get divorced until they satisfy the residency requirements. Even a bigger problem is when they need immediate temporary orders from the California Court regarding child custody, child support, management and control of community businesses and property.

The solution for this type of problem is filing nullity or legal separation petition rather than his Hershey chocolate business became more and more successful until it became the multi-billion biggest chocolate business that is the biggest and most successful in the world!

In short, Mr. Disney and Mr. Hershey were both honest debtors, same as you and all my clients, all of whom are honest debtors. So they get a fresh start in life without accumulated debt, keep all —if not most — of their assets so they become productive again. In fact, some of my previous clients are now millionaires after being given their fresh starts some time ago. Another client also has $400,000 of equity in his house a divorce and amending the petition later on to convert it to a divorce once the residency requirement has been met by one of the parties. Millar v. Millar. Unlike a divorce, there is no residency requirement to filing an Annulment or a legal separation.

The advantage of this strategy is you would immediately have access to the courts and can ask the court for immediate temporary orders needed to maintain the status quo or preserve the marital assets. If domestic violence is involved in the case, the domestic violence issue can be heard in the same court room by the same judge that would be hearing the divorce case. In addition, service on the legal separation petition (to be amended later to a divorce) will also start the clock on the six-month “waiting period” for finality of a judgment terminating marital status, optimizing the time-frame within which the parties will be legally restored to “single” status. As far as the county where to file the legal separation or nullity, venue is proper in the county where either party resided at the time the petition was filed pursuant to CCP 395(a).

Once the parties have satisfied the residency requirements, the Petition may be amended from legal separation to Dissolution without permission from the and he owes $200,000 in credit cards. He used these cards to fund his business before the pandemic struck. His business is now dead in the water, and not able to recover. He needs a fresh start in life by wiping out the $200,000 of credit cards. He is also an honest debtor who deserves to become productive again. I have no doubt that with his determination he will become a millionaire in the near future after he gets rid of accumulated debt of $200,000. After becoming a millionaire, he will become a multimillionaire then, maybe just maybe, he may be so talented that he may even become a billionaire.

If you need debt relief, please

Court as long as notice is provided the opposing party under Marriage of Dick. The Petitioner would also be in a safer position if the intent to amend from legal separation/ nullity to a divorce is stated in the initial Petition.

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Please note that this article is not legal advice and is not intended as legal advice.

The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation..

* * * Attorney Kenneth Ursua Reyes is a Board Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH set an appointment to see me. I will analyze your case personally.

* * * Disclaimer: None of the foregoing is considered legal advice for anyone. There is absolutely no attorneyclient relationship established by reading this article.

* * * Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South, Suite 10042, Alhambra, CA 91803. (Advertising Supplement)