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California operates under a no-fault divorce system, meaning that spouses do not need to prove wrongdoing in order to file for divorce.
Key laws include a six-month mandatory waiting period, community property division (splitting assets acquired during the marriage equally), and residency requirements of six months in the state and three months in the filing county.
In 2021, the national marriage rate was 14.9 per 1,000 people, while the national divorce rate stood at 6.9 per 1,000. These numbers provide us with a clear picture of changes in relationships happening throughout the country.
California has specific laws that govern the divorce process, including rules on property division, child custody, and spousal support. This overview will cover the key aspects of California’s divorce laws to help you understand what to expect and how to prepare to file for divorce.
The state follows a no-fault divorce policy, meaning that neither spouse is required to prove wrongdoing, such as adultery or abuse, to file for divorce. The primary legal grounds for divorce in California are irreconcilable differences, meaning that the marriage is broken beyond repair.
No-fault divorce allows either spouse to file for divorce without assigning blame, making the process simpler and less contentious.
California divorce law also includes provisions for incurable insanity. To file on this ground, the filing spouse must provide medical proof that the other spouse has been incurably insane for at least five years.
The complex nature of filing for divorce while citing incurable insanity means that the process can be more lengthy, and as such, these cases are more rare than no-fault.
In cases where spouses may not be ready to file for divorce but still wish to live separately with legal recognition, they may opt for a legal separation. Legal separation allows spouses to live apart and settle issues like property division and child support without dissolving the marriage.
See how guidance from an Orange County divorce lawyer can help dissolve a marriage
The five-year rule in California divorce law refers to specific provisions related to spousal support and the duration of the marriage. For marriages that have lasted fewer than five years, courts generally aim to limit spousal support to half the length of the marriage.
For example, if a marriage has lasted four years, spousal support might be set for a two-year duration. The five-year rule can also be used to determine whether a marriage qualifies as a “short-term” marriage, which impacts how property and support decisions are made in California.
Courts are more likely to aim for a clean financial break between the spouses in these shorter marriages.
Before you can file for divorce in California, you must meet certain residency requirements:
These residency rules ensure that California courts have jurisdiction over your divorce case. If you do not meet the residency requirement, you may need to wait until you do or consider legal separation in the meantime.
California has a mandatory six-month waiting period for all divorces. This waiting period begins as soon as the divorce papers are served to the other spouse, or when both spouses file a joint petition.
This six-month period must be completed before a final divorce judgment can be issued. This gives couples time to reconcile if possible and to ensure that both parties have had sufficient time to work through key issues like child custody, property division, and support.
Even if both spouses agree on all matters, the divorce cannot be finalized until the six-month waiting period has passed.
In California, divorce proceedings follow community property laws, meaning that all assets and debts acquired during the marriage are generally considered jointly owned. This includes property, income, and even debt accumulated by either spouse while married.
With regard to property division, the court aims for a 50/50 split of community property. However, separate property, such as assets owned before the marriage or gifts and inheritances received during the marriage, usually remains with the original owner.
If you’re dealing with complex assets, like businesses or retirement accounts, clearly understanding California’s community property laws is necessary for a fair and just division.
This is where the support of an Irvine divorce lawyer is key to a collaborative divorce
California’s child support and alimony laws ensure that financial support is provided to the spouse and children after a divorce.
Child Support: Child support is determined using a standardized calculation based on both parents’ incomes, the percentage of time each parent spends with the child, and the child’s needs. The goal is to provide for the child in a manner that reflects their living standard during the marriage.
California courts consider the child’s best interests when setting child support, which can include covering basic needs like food, shelter, education, healthcare costs, and extracurricular activities.
Alimony (Spousal Support): Alimony, or spousal support, can be awarded in different forms, including:
When determining alimony, the court considers factors such as the length of the marriage, the earning capacity of both spouses, the standard of living during the marriage, and each spouse’s financial needs.
A California divorce attorney can help navigate the alimony process and ensure the amount and duration of support are fair.
Filing for divorce in California comes with many fees that can add up quickly over time. Here are the main expenses you should expect:
A settlement agreement is a large part of any divorce, especially if both parties want to avoid a trial. This agreement will outline several key areas:
For a settlement agreement to be legally binding in California, both parties must agree to its terms, sign the document, and submit it to the court for approval.
The court will review the agreement to ensure that it is fair and in accordance with California law, especially when it comes to issues related to children. Once approved, the agreement becomes part of the final divorce judgment.
Here is a step-by-step guide on how to get a divorce in California. These steps outline the general process and help you understand what to expect during your divorce proceedings.
Our experienced lawyers will handle this process for you:
If you follow these steps with our support, you can better understand the California divorce process and how to proceed with contested or uncontested cases.
Hiring a San Diego divorce lawyer from Moshtael Family Law means that divorce doesn’t have to be a stressful process filled with uncertainty. Having the right legal team can help ensure a smoother path forward.
Our Orange County divorce attorneys have decades of combined experience, exclusively focusing on divorce and family law. Whether you’re just starting the divorce process or dealing with a contentious custody battle, we provide the support and legal expertise you need to protect your interests and achieve the best possible outcome.
Here’s why hiring a divorce lawyer from Moshtael Family Law is beneficial:
Working through the divorce process in California can be overwhelming, but you don’t have to go through it alone. Whether you’re dealing with a contested or uncontested divorce, issues of spousal support, child custody, or just need guidance on the grounds for divorce in California, Moshtael Family Law is here to help.
Our experienced team will be with you at every step of the California divorce process, ensuring that your rights are protected and that you achieve the best possible outcome.
If you’re ready to take the next step, contact us today. We’ll work with you to understand your unique circumstances and help you navigate the complexities of divorce or legal separation.
Let us be your trusted partner in resolving your divorce case and protecting your future.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or
situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
