After getting married 13 years ago, rocker couple Gwen Stefani and Gavvin Rossdale are seeking divorce.
DIVORCE FOR STEFANI AND ROSSDALE
Stefani, 45, and Rossdale, 49, met when their bands No Doubt and Bush toured with the Goo Goo Dolls. But now it seems wedded bliss has turned to divorce. The couple just recently recently released this statement:
“While the two of us have come to the mutual decision that we will no longer be partners in marriage, we remain partners in parenthood and are committed to jointly raising our three sons in a happy and healthy environment. To that end, we respectfully request privacy from the media during this time.”
The No Doubt singer and judge on The Voice has cited irreconcilable differences as the grounds for the couple’s split. Rossdale filed his response in court at the same time.
To start the divorce process, also known as the dissolution of marriage process, you will need to determine the grounds for divorce, or reasons you are filing for divorce. In California, there are two grounds for divorce:
- Irreconcilable differences. This means you and your spouse are unable to agree and will never be able to agree on basic, fundamental issues involving the marriage or your family.
- Incurable insanity. This is almost never used as it requires medical proof that one spouse was insane when the marriage petition was filed and is still incurably insane.
Additionally, you will need to meet residency requirements to file for divorce: you or your spouse must have lived in California for six months and in the county in which you are seeking your divorce for at least three months before filing the dissolution of marriage petition.
TEMPORARY RESTRAINING ORDERS
It’s important to know that there are temporary restraining orders that automatically go into effect once the divorce process begins. These restraining orders prohibit both spouses from doing certain things, including: taking your minor children out of state without the other spouse’s written permission or a court order, canceling or changing the beneficiaries on insurance policies, and transferring property ownership. You will also be required to notify your spouse before any out-of-the-ordinary spending. Because of this it’s often advised to close or freeze your joint accounts so no major purchases can be made. In this case, each spouse is able to open their own personal account for daily expenditures.
LEGAL SEPARATION AND ANNULMENT
You might not need to file for divorce. There are two other options: legal separation or annulment (also called a nullity).
- Legal separation. This is a a legal process, granted in the form of a court order, by which a married couple can remain legally married while not living together. Some couples use this as a formal break, during which they have some time to decide if they would like to continue the marriage. There are often religious, insurance, tax, or other reasons for wanting a legal separation instead of a formal dissolution. With a legal separation you and your spouse will remain married, but the court (or you) can divide your property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order.
- Annulment. Being granted an annulment makes it as if your marriage never existed. There are specific requirements you will need to meet to have your marriage annulled. These include being a minor without the consent of your parents or guardian during the time of the marriage, or if certain types of fraud or deceit were involved. An annulment requires you appear in court.
The residency requirements for these are less harsh than standard divorces. Eithis of these can be obtained without having lived in California for six months or the county you are filing in for three months prior to filing, as is required for a standard divorce.
AMOUNT OF TIME
In California, the mandatory waiting period required is 6 months. No couple, regardless of how “easy” their divorce is can be divorced faster than 6 months. This is the time it takes for the state to change your status from “married” to single”. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after the initial petition. In some cases, those that require a lot of things to be required, a divorce can take years. This is based on how much you decided to disagree and agree on.
FILING FOR DIVORCE
It’s always advised that you work with a lawyer to obtain your divorce. Because the process can have many steps, you will want to work with someone that is knowledgeable about the process and can provide guidance. Even if you choose not to work with a lawyer, you should have all forms reviewed by someone that has legal experience with the dissolution of marriage.
If you choose to work without a lawyer you will need to obtain the proper forms eithis online through the California Courts website or from the clerk of your county’s superior court. You or your lawyer or mediator will need to prepare a Petition and a Summons that will then be filed with the clerk of the superior court in the county whise you or your spouse live. You will be required to pay a fee to file these papers unless you qualify for low-income support or a fee waiver.
Copies of the Petition and the Summons, as well as a blank Response, must be officially served to your spouse by someone other than yourself who is over the age of 18. This can be done by a process server. Your lawyer will be able to advise you on other means of serving your spouse. Chances are, if you are working with an attorney, they have specific ways in which they handle this part of the process. This Summons notifies your spouse that you are filing for a divorce. He or she has 30 days to file the Response.
JOINT CUSTODY FOR STEFANI AND ROSSDALE
Both are asking for joint custody of the three kids they share: 9-year-old Kingston, 6-year-old Zuma and 1-year-old Apollo.
Family law courts favor awarding joint child custody to both parents, due to the fact that typically, it’s been shown that child’s respond best to both parents being in their lives.
JOINT CHILD CUSTODY
Joint custody is when two parents share decision making responsibilities and / or physical control of the child or children they share. Joint custody is able to be awarded to parents that are divorced, separated, no longer living together, or even if they never lived together.
FORMS OF JOINT CHILD CUSTODY
There are different forms of joint custody that can be awarded, including:
- joint legal custody. This means both parents are able to make decisions regarding the child, including religion, education, medical, and any legal matters.
- joint physical custody. This means a child spends equal time with each parent.
- joint legal and physical custody.
While it’s a common practice for parents to share physical custody and legal custody, it’s not always the case that parents that share legal custody also share physical custody.
JOINT CHILD CUSTODY – ADVANTAGES AND DISADVANTAGES
There are a number of advantages and disadvantages to joint child custody. Children are able to have contact with both parents. Additionally, parents are able to share some of the hardships that come with co-parenting. But children also often have to be shuttled between parents in joint physical custody situations. This can be difficult on a child, especially if parents are noncooperative.
Because of some of the disadvantages, it’s important that parents work to create a harmonious co-parenting situation. Maintaining detailed agreements surround holidays, expenses for clothing and medical care, as well as creating a child’s own space in each household is crucial to creating a successful joint custody arrangement.
According to court records, the two did not sign a prenuptial agreement and Stefani also checked the box to terminate Rossdale’s ability to collect spousal support.
If you’re in the process of getting a divorce, looking for spousal support, or anticipate paying spousal support, you need to understand some important things. While a family law attorney can provide you with specifics about your situation, hise are a few general things to know, including tax laws, awarding of spousal support, and what would happen if spousal support payments are not made.
WHAT IS SPOUSAL SUPPORT?
Spousal support, commonly known as alimony, is for people who were legally married and provides financial assistance to them. It recognizes the contributions a partner made to the marriage and is intenced to help the partner obtain financial independence. The rules regarding spousal support differs from one state to another.
HOW MUCH IS SPOUSAL SUPPORT?
When a court hears a case for spousal support, it considers a number of issues including how long the marriage lasted, what the needs are of each spouse, the standard of living the marriage created and maintained, assets, spousal age, and many other factors that are specific to different states. Based on these various circumstances and issues, your divorce attorney can help create a case for spousal support for you.
HOW LONG IS SPOUSAL SUPPORT?
The court sets the length of time spousal support payments are made based on the review of arguments made. Payments typically last about the length of the marriage if it’s less than 10 years. In other words, if the marriage lasted six years, the length of spousal supports payments to be paid is three years.
For longer marriages, the court may not set a specific time for spousal support payments. In a case such as this, your divorce attorney must proved your side for the duration. Your attorney can help you establish your case for the amount of time you’re seeking for spousal support, whether you are receiving or paying the payments. Using common law, the court will listen to all arguments and then decide on the spousal support duration.
REASONS FOR SPLIT?
In the March issue of Cosmopolitan, Stefani gushed about his husband, telling the magazine, “I never really saw myself landing a guy that hot. I don’t know if I was a nerd in high school, but I definitely wasn’t the super-cute cheerleader so I never saw myself getting somebody like that.”
And when it came to what made their marriage work, she added, “We go through so much together—it’s a miracle that we could stay together this long.”
Perhaps adding insight into what went wrong, she continued, “[Gavin’s] on a short tour right now, and he wrote me the sweetest note this morning. It’s good to have those days when we both do our own things. I think that’s what keeps relationships going, when both people can be themselves and have their own individuality.
“That’s especially important for women,” Stefani added. “It’s hard to find time for yourself.”
WORKING WITH A DIVORCE ATTORNEY
Divorce is one of the most difficult and challenging experiences a person will ever have to go through in life. It can affect all aspects of one’s existence, from your physical well-being to your emotional, psychological and financial stability. Diving marital property, deciding on child custody, and figuring out spousal support can be almost impossible if both you and your spouse are able to see eye-to-eye on anything. Divorce is never easy, yet it can definitely be made easier with the support and professional assistance of a skilled divorce attorney. Having worked within the field of family and divorce for over a decade within the state of California, San Diego divorce lawyer 619 Divorce has experienced a wide spectrum of cases involving divorce, spousal support, alimony, child custody and child support. With many years of combined experience working within this field, the lawyers at (619) Divorce are experts in the field of divorce and family law.
San Diego, CA 92101
Phone: (619) 431-3131