DIVORCE LAW FORUM

        

      

    

     

 

 

 

 

 

 

 

 

 

 

 

 

CALIFORNIA DIVORCE LAW

Here you will find California specific divorce information, grounds, divorce law statutes, articles on Divorce law, state laws, child custody, child support, spousal support, visitation, legal separation, dissolution and links to free divorce forms, divorce records, divorce papers, divorce lawyers, divorce attorneys and support calculators.

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

In order to obtain a dissolution of marriage one of the parties to the marriage must have been a resident of this state for six months prior to filing and the action must be filed in the county in which the individual lived for three months preceding the filing of the petition. The superior court has jurisdiction in proceedings under this code. [See California Family Code - Sections: 200, 2320]

LEGAL GROUNDS FOR DIVORCE:

A marriage may be dissolved or a couple may be legally separated based on either of the following for grounds:

            (a) Irreconcilable differences, which have caused the irremediable breakdown of the             marriage; or

            (b) Incurable insanity (Must produce proof to court).

[See California Family Code - Sections: 2310]

Filing Spouse:

Plaintiff. The Plaintiff is the spouse who initially files for divorce in the family law or domestic relations court. 

Non-Filing Spouse:

Defendant. The Defendant is non-filing spouse who receives the paperwork by service.

LEGAL SEPARATION:

The grounds for a legal separation are the same as the grounds for a divorce, and the same residency requirements must be met.

ALIMONY/SPOUSAL SUPPORT:

In determining spousal support the court will weigh the following factors:

            (a) The ability of each party to maintain the same standard of living that was established during the marriage, considering these dynamics:

                        (1) Whether the spouse seeking support can acquire gainful self-supporting employment and;

                        (2) Whether that spouse's present or future income generating capacity was hindered by periods of unemployment during the marriage to permit the supported party provide child rearing or domestic duties.

           (b) Whether the supported party assisted in the supporting spouse’s attainment of an education, training, a career position, or a license.

           (c) Whether the supporting party has the ability or income to afford spousal  support.

           (d) The standard of living established during the marriage and the support needed by the supported party to maintain that standard.

            (e) The obligation and assets of both parties, including the separate property not subject to division, of each party.

            (f) The length of the marriage.

            (g) Whether the supported party to acquire gainful employment without unduly disrupting the interests of dependent children in the custody of the party.

            (h) The age and health of both the parties.

            (i) Whether there has been any documented history of domestic violence between   the parties.

            (j) Any immediate and tax consequences to each of the parties.

            (k) A balancing of the hardships to each party if spousal support should be established.

            (l) The premises that the supported party shall make every attempt be self- supported within a reasonable period of time.

            (m) Any other factors that may be just and equitable will be considered by the court.

            [See California Family Code - Sections: 4320]

PROPERTY DISTRIBUTION:

It is well established that California is a community property state. Except as may be provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.  Each spouse is entitled to an equal share of all community property. Except by prior written agreement of the parties, or on oral stipulation of the parties on the record of the court, in a proceeding for dissolution of marriage or for legal separation of the parties, the court will divide the community properties of the parties as equally as the court sees fit. Property that is not community property is considered separate property.  Separate property is not included in the division of the community property division.

Separate property of a married person includes the following:

            (1) Any property owned by the person prior to marriage.

            (2) Any property acquired by the person during the marriage by gift, bequest, devise, or       descent.

            (3) The income from rents, issues, and profits generated by the property described in this    section.

            (4) A spouse may, without the consent of the other spouse, convey any part of the              person's separate property.

After a judgment of legal separation has been entered on behalf of the parties, any earnings or accumulations of either party are thereafter the separate property of the party acquiring the earnings or accumulations.

[See California Family Code - Sections: 760, 770, 772, 2550]

SPOUSE'S NAME:

In an action for dissolution of marriage or for an annulment, the court, upon the motion of either party, shall restore the birth name or former name of that party. The request for a change of name is not required in the initial petition for dissolution or annulment.  A request to restore a birth name or former name will not be granted in an action for legal separation of the parties 

[See California Family Code - Sections: 2080]

 

MEDIATION OR COUNSELING:

During the proceedings, if the parties have a minor child involved in the dispute, the court of faily conciliation has jurisdiction over the matter and over the parties to the action and over all other persons who have any relation to the controversy.

[See California Family Code - Sections: 1830]

CHILD CUSTODY:

Neither parent is to be initially favored over the other and as a result, either parent may be awarded custody. There is neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, for or against either parent, thus the court and the family has unlimited discretion to create a parenting plan that is in the best interest of the child. When determining the best interest of the child during the custody dispute, the court shall consider all of the following factors:

1)       The health, safety, and welfare of the child.

2)       Whether or not there has been a history of abuse by either parent or any other person seeking custody against the following:

            (a) Any child to whom he or she is or with whom he or she has had a care-taking    relationship, regardless of how temporary.

            (b) The other parent.

            (c) A parent, current spouse, or cohabitant, of the parent or person seeking            custody, or a person with whom the parent or person seeking custody has a dating     or engagement relationship.

3)       The amount of contact with both parents and the nature of that contact, except as provided in Section 3046.

4)       Whether either parent has engaged in habitual or continual illegal use of controlled substances or alcohol.

5)       Any other relevant factors.

[See California Family Code - Sections: 3010, 3011, 3040]

CHILD SUPPORT:  California Child Support Calculator

The court will place an equal responsibility on both parents to support a minor child in a manner suitable to the best interests of child's considering the circumstances. Any support established shall continue until the child completes the 12th grade or attains the age of 19 years, whichever occurs first.  To the best of their ability, both parents share an equal responsibility to maintain a child of whatever age who is incapacitated or otherwise does not have the ability to earn a living with sufficient means.

California has uniform guidelines that the court shall follow and the court will only depart from the guideline if the special circumstances set forth in this article are present.

[See California Family Code - Sections: 3900, 3901,3910, 4052]

 

PREMARITAL AGREEMENT:

A premarital agreement must be in writing and signed by both parties in order to be valid and enforceable.

If properly executed, a premarital agreement will be enforceable without consideration. The parties to a premarital agreement may agree to any of the following:

            (1) The rights of each of the parties to any of the property of either or both of them whenever and wherever acquired or located.

            (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.

           (3) The nature or use of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.

             (4) The creation of a will, trust, or other estate planning tool to carry out the provisions of the agreement.

             (5) The ownership interests in and disposition of any death benefit from life insurance policies.

             (6) The choice of law that shall govern the agreement.

             (7) Any other matter not in violation of public policy or a statute imposing a criminal penalty.

Child support shall not be negatively affected by a premarital agreement. Agreements nullifying or creating spousal support, are not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement was signed, or if the provision regarding spousal support is so one sided it is deemed unconscionable at the time of enforcement.

[See California Family Code - Sections: 1611, 1612]

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

free, divorce, information, statutes, advice, articles, state laws, statutes, plaintiff, defendant, forms, state laws, attorney, lawyer, law, child, custody, separation, dissolution, legal, help, services, advice, documents, resources, firm, articles, calculator