Divorce Law in California can be complicated, particularly when it comes to property division and child custody issues. Since California is a community property state, all assets acquired during marriage must be divided equally during divorce proceedings.
Both spouses must disclose all financial information to each other during the divorce process, including income, expenses and assets.
Community property laws
California is a community property state, and this principle plays an essential role in divorce proceedings. Assets acquired during marriage by either partner are considered community property and each has an equal right to half its fair market value – including income and debt accrued during marriage.
Separate property generally refers to any items belonging to either spouse prior to marriage, as well as any gifts or inheritance received after marriage; personal items like jewelry and family heirlooms fall within this category as well. A deed can be used to convert some forms of separate property to community property ownership – however this process may prove challenging and take time.
Divorce proceedings involve filing various documents with the court. In order to file for divorce in California, you or your spouse must meet residency requirements; these include living there for six months or more as well as three months within your county where filing will take place.
Irreconcilable differences
Irreconcilable differences is a legal term used as the basis for divorce in California. This no-fault ground makes it ideal for couples looking for an expedient separation.
After living apart for six months or longer, couples who cannot reconcile can file for divorce based on irreconcilable differences and seek resolution to their disputes regarding property division and spousal support.
When filing for divorce, the petitioner must serve their spouse with copies of all filed papers. This service can be handled by either a professional process server or any adult over 18 who is unrelated to the case. Once served, proof of service must be filed with the court as this process ensures no conflicts of interests arise from their services being delivered.
Spousal support
Spousal support is often an integral component of California divorce proceedings. Alimony serves to maintain an equivalent lifestyle during marriage for lower earners – but please keep in mind that its application depends on many different factors and cannot be guaranteed automatically.
State laws outline specific guidelines that judges must abide by when determining spousal support, including an extensive evaluation of 14 factors like length of marriage and each spouse’s ability to earn income after divorce.
Long-term spousal support is typically included in the final judgment of a divorce or legal separation, to ease the transition period between married life and self-sufficient singlehood. While such payments are intended as temporary solutions, any significant change to either party’s circumstances (ie, income changes, health concerns or marketable skills changes) could warrant modification to their agreement with regards to long-term spousal support payments.
Child custody
Child custody arrangements during a divorce can be one of the most complex aspects of the process for both parties involved. California family law outlines specific terms regarding how parents share responsibility for their children after separation or divorce.
Under a joint legal custody arrangement, both parents have equal say in major decisions related to the child’s health, education and welfare. They may also share joint physical custody whereby the child lives with both of them regularly.
California is a no-fault state, meaning neither spouse is required to establish that the other committed any wrongdoing in order to file for divorce in California. Instead, irreconcilable differences is typically used as grounds for dissolution – this broad term covers any factors leading to the end of a marriage such as personality clashes, differing life goals or financial disputes that lead to separation. When this has occurred and all disputes have been settled amicably spouses can file for a summary dissolution of marriage.