Educating Yourself about Divorce Laws in California
Whether you are the one who files for divorce or the one on the receiving end of the petition, it is always useful for someone to know the main points of the divorce laws in California.
Here are some of the most important California divorce law points that you should know about:
Residency Requirements Set by Divorce Laws in California
Not everyone can just file a divorce petition in any state. In the state of California particularly, there is what we call the residency requirement. This requirement states that at least one of the spouses involved in the divorce petition must be a resident of California for at least 6 months and also a resident of the county where the divorce proceeding is filed (at least 3 months after the filing).
If these requirements of residency are met, then the superior court in the state would have the jurisdiction.
The Grounds for Divorce
One advantage to filing for divorce in California is its recognition of divorce filing under no fault grounds. This simply means that the divorce can be granted without the need to prove that some wrongdoing was committed by one of the parties.
There are legal grounds for marriage dissolution based on California divorce laws. The possible grounds can be 1) irreconcilable differences that lead to the breakdown of an irremediable marriage or 2) incurable insanity.
Divorce Waiting Period Based on California Divorce Laws
Divorce waiting period is initiated in order to make sure that there is no possibility of reconciliation between the two persons involved in the divorce case. There are also remarriage waiting periods – a specific number of months required by law that must be waited out before divorced individuals can remarry.
Under California divorce laws, however, there is no waiting period before a divorce petition can be filed. As long as one spouse meets the said residency requirements, then a petition for the dissolution for marriage can be filed anytime in court.
There is, however, a six-month waiting period after the filing before the other proceedings can continue. As with remarriage, both couples can remarry immediately after the divorce is finalized.
Child Custody
California divorce laws are also created to ensure that the minor children of couples filing for divorce experience the least trauma. Custody can be granted as sole custody, joint legal or joint physical custody. If the involved parents cannot come into agreement about who gets custody, then the court will be the one to decide.
Numerous factors are considered when determining who will be granted child custody including the following: the child’s health, welfare and safety; possible abuse history; amount and nature of contact with the parents; any record of illegal substance abuse; etc.
Child Support
By law, child support is the money paid to the custodial parent by the non-custodial parent. This fund is used to help support the child or children, and normally continues until the involved child reaches 18 years old.
If the parents cannot arrive at a mutual agreement regarding child support amount and frequency, then the Court will be the one who will calculate the amount based on state guidelines as well as the data the divorced parties may present.
Spousal Support or Alimony
Not all divorce cases involve the payment of alimony from one spouse to another. If present, then the obligation to pay alimony can either be granted on a permanent or a temporary basis. Each condition will be considered by the court on a case to case basis and factors such as ability to pay and special needs can be considered.
Division of Property
Under California divorce laws, community properties are divided equally between the two parties. Note that all properties and assets (minus the debts) acquired from the date of marriage until the date of separation are part of community property.
Note, however, that the court can divide community property unequally if it sees that one party needs more support compared to the other. Of course, such property can also be divided unequally based on mutual agreement of the involved parties.