California divorce law synopsis | Good Divorce Lawyers
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a California divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
California divorce courts require that those petitioning for a dissolution of marriage be residents in that state for at least 6 months, and of the county in which they’re filing for 3 months. They will then be eligible to file for divorce in the superior court of California.
California Grounds for Divorce
California is a no-fault divorce state, although there are times when a contested divorce cannot be avoided.
Uncontested Divorce in California
An uncontested divorce is the simplest and smoothest form of divorce; however, both parties must agree on all elements of the agreement in order to be eligible for this form of dissolution.
Couples in California may also be able to request a Summary Dissolution of Marriage, which is a simplified process, resulting in less time and expense. In order to qualify for a Summary Dissolution in California , the couple must:
- Read the Summary Dissolution Booklet provided by the court clerk
- Be married 5 years or less
- Have no children born to them
- Not be pregnant
- Have no adopted children
- Have no real estate interests
- Have community property of $25,000 or less, not including cars and car loans
- Have community debts of less than $5,000, not including cars or loans
- Have a signed agreement outlining the disposition of possessions and debts
- Have signed a Joint Petition for Summary Dissolution of Marriage
- Both desire to end the marriage due to serious and permanent differences
- Both agreed to the Summary Dissolution instead of a regular dissolution
A Summary Dissolution provides a quick and simple divorce process, however neither spouse can be awarded spousal support. Either partner can change their mind and stop the dissolution at any time before the decree is final, but once it is finalized, there is no right of appeal and no way to modify the agreement.
Contested Divorce in California
If spouses cannot agree to an uncontested dissolution of marriage, they must file for a contested divorce.
Annulment in California
In California, annulment is the legal decree that a marriage never took place. The grounds for the court making such a decree include the following:
- Duress
- Mental illness
- Lack of consent by one of the partners
- Impotency
- Underage marriage for someone under the age of 14, or under 18 without the consent of a parent
- Bigamy
- Consanguinity, or marriage between blood relatives
No Fault Divorce in California
There are two reasons by which a California resident can file for no-fault divorce:
- Irreconcilable differences
- Incurable insanity
California Fault Divorce
Since California is a no-fault divorce state, couples do not have to prove the divorce is the fault of the other spouse. As long as there is proof that either of the no-fault requirements are fulfilled, they can file for divorce in California.
California Divorce and Child Custody
California Child Custody Laws
There are no preferences for either spouse in child custody decisions, nor for a particular form of custody arrangements. The court may award any option it deems to be in the best interests of the child, as well as:
- Any history of abuse
- The contact with both parents
- The use of controlled substances by either parent
California Child Alimony
California considers child support to be the ongoing duty of both parents equally until the child is 19 or completes the 12th grade, whichever comes first, and will award child support in whatever amount required to achieve that support, as long as it is possible for each parent to do so. The calculations for child support are based on the Income Share Model, using Child Support Worksheets.
California Divorce Spousal Support
Generally, the court considers it the duty of divorced couples to support each other in the standard of living they enjoyed during the marriage in any way, and to whatever degree, possible. The court will take into consideration the ability of a spouse to pay support, as well as the needs of a spouse to receive it. Factors such as the length of the marriage, the sacrifices one spouse made to educate and equip the other for a career, as well as to raise the children, along with any other pertinent factors.
California Lump Sum Alimony
Determined at the discretion of the court.
California Permanent Alimony
Determined at the discretion of the court
California Temporary Spousal Support
Determined at the discretion of the court
California Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in California
Spouses in the military are protected by California law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
As a no-fault divorce state, California makes it easier for people to petition for divorce without having to prove the fault of the other party. However, that does not mean that all couples are ready to agree on all the elements that go into a divorce. Many may need the legal advice of an experienced divorce attorney to help them come to a settlement in an uncontested divorce, or to present their case in a contested one. Good Divorce Lawyers and California Lawfirms specializing in Divorce and Family Law can provide that expertise and guide the parties through this difficult process with ease, resulting in a settlement that the parties can live with for years to come.
Copyright Notice: The above abbreviated synopsis of California state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.