To file for divorce you must have lived in California for at least six months and be a resident of the county in which you file for at least three months. If the other party lives in another state they have the right to demand that the case be heard in their state.
And most likely they are going to request just that. Keep that in mind when consulting with an attorney, you will most likely need one that is located in the state in which the case is going to be heard. To obtain a divorce in California a spouse may file on one of two grounds: Irreconcilable differences and incurable insanity.
Divorce - Superior Court of California
Because California is a no-fault state, the party filing for dissolution is not required to state why they wish a divorce and they are not required to provide any documentation regarding their reasoning. In fact, the court will not consider any data having to do with why the divorce is being requested or why it should be denied. The simple fact of a request for a divorce by either party is considered sufficient grounds to grant it. If you and your spouse have no assets or children, then filing for a divorce can be done with little or no professional assistance and little cost.
If there are material assets or if there is any disagreement about how the assets of the marriage are to be divided, or if there are kids involved, then professional legal assistance is very important. Community property is what the couple earned assets minus debts from the time of the marriage to the date of their separation.
Community property can be divided unequally by mutual agreement. For example, one person may assume all the family debt in exchange for another benefit such as keeping a retirement account. In rare instances, the court may find compelling reasons to divide contested community property unequally.
For example, if the court feels that one party is in need of more support that the other, it may award that party a higher share of the marital property. Spousal support alimony can be established in a prenuptial agreement, it can be mutually agreed upon by the parties and presented to the court during discovery, or if no agreement can be reached the court will consider the facts as presented and award it based on the financial status of each of the parties and the nature of the lifestyle enjoyed by the couple during the marriage.
There are several forms of spousal support. The first is temporary maintenance, which is paid during the trial or proceedings and before the divorce is finalized. There is rehabilitative maintenance, most often done in short marriages less than 10 years where one spouse pays for the other to complete an education or training program. And lastly, permanent maintenance, where the court sets a support amount to be paid on a long term basis.
In determining spousal support, fault can play a role.
However, only the fault of the party seeking maintenance is considered, not the party who would pay. Special needs, such as a disability, are considered in determining maintenance. The needs of one spouse and the ability of the other to pay are the primary factors in determining support amounts. Since most spouses work, spousal support if necessary at all , is usually for finite period of time and modest amount.
The State Resource pages are provided for informational purposes only.
How Soon Can You Remarry After a California Divorce?
Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at DadsDivorce.
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Custody and visitation issues top the list of concerns for couples involved in a divorce. For many years to come the now ex-spouses must continue to plan their lives together and negotiate the dozens of choices that come up when raising children. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
Skip to main content. Laws current as of. What are the residency requirements to file for divorce in California? What are the grounds for divorce or legal separation in California? Can I get spousal support? What factors will a judge consider? What are the basic steps for filing for divorce?
Where can I find additional information about divorce? Yes No. You can file for divorce or for legal separation in California based on either of the following grounds reasons : Irreconcilable differences, which have caused the permanent breakdown of the marriage; or Permanent legal incapacity to make decisions.
While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Third, you must file divorce papers and have copies sent to your spouse.
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Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce. An appraisal may be necessary, especially for real estate or items like art or antiques. An accountant or financial expert will typically assess the worth of retirement assets like a k account or an annuity.
The couple can also choose to retain joint property after the divorce. This is sometimes a solution when both spouses want their children to stay in the family home. The court will consider a number of factors when determining how much child support one spouse must pay. These include:.
A judge can order child support to cover a number of expenses. This can include basic needs like food, clothing and shelter, as well as other costs like health insurance, child care, travel costs for visitation and the cost of extracurricular activities. The court can also rule that one spouse has to pay spousal support or alimony to the other. Spousal support in California can be permanent or temporary. Factors considered include:.
Be sure to take both alimony and child support into account when filing taxes after divorce. Like other assets, California considers retirement accounts like k plans or IRAs as community property. However, the state considers any money that one spouse put into a retirement account or earned as interest before the marriage as separate property.
Thus, couples must only divide plan assets accrued during the marriage. Any contributions and interest that is separate property will go in full to the spouse who earned it before the couple wed. After the trial, you must file a Qualified Domestic Relations Order with your plan administrator.
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