Not all marriages are the same. Some last for decades, while others end abruptly. For the uninitiated, California is a “no-fault” divorce state. This means that you don’t need to say anything against your spouse or accuse them of something as a “ground” to get a divorce. When you have irreconcilable differences with your spouse, that’s a reason enough to end the marriage, as long as there is no hope of saving the marriage. If you are contemplating divorce, talking to an attorney is a smart step. Top law firms like The Bledsoe Firm LLC offer affordable first consultation sessions for clients. Here’s an overview of divorce laws in the state.
Understanding residency requirements
There are residency requirements for divorces in California, much like other states. Either your spouse or you must have lived in California for at least six months and must be a resident of the county for three months where you are initiating the proceedings.
Understanding property division
This is a community property state, which means all properties jointly held by the separating couple are divided equally between them at the time of divorce. The same is also true for debts. Please note that the community property rule is not applicable when the couple has separated permanently, even when there is no legal separation.
Understanding child custody
Courts in California believe that both parents should have contact with the child. When there is room for joint child custody arrangements, the judge will typically lean towards that. However, the best interests of the child will be considered, and therefore, if the court determines that the child is not safe with one parent, sole custody could be granted. If the parents have to agree to a child custody arrangement jointly, the court will consider whether the same is in the best interests of the child.
Understanding child support
Just like child custody, both parents are expected to share child support, even after the divorce. It also depends largely on the income of the parents and resources at their disposal, besides things like who spends more time with the child. Under some circumstances, it is possible to justify a higher or lower contribution to child support.
Alimony, known as spousal support in California, is decided on a case-by-case basis. The couple can agree on spousal support together for a specific period of time, but if the other spouse doesn’t want to pay alimony, the court will determine the same based on several factors.
Call an attorney to know more.