After deciding to end a marriage, spouses should familiarize themselves with the basic aspects of family law in California.
Grounds for Divorce in California
There are some limited situations in which the guilt of one of the spouses is used as an argument for the court. It could be:
- adultery;
- cruelty;
- leaving the family;
- long-term imprisonment of one of the spouses.
In such cases, it is important to present evidence of these allegations to the court.
It’s also worth noting that California allows legal separation as an alternative to divorce if both parties agree to it. Legal separation allows couples to live apart while remaining legally married and separating their assets and debts appropriately under California common property law. It is important to consult with an experienced attorney who understands all aspects of state family law before making a final decision.
In addition to the above, here is an infographic on the most popular reasons for divorce in California:
Residence Requirements
If both parties agree to all terms, including child custody and division of property, then the process for an uncontested divorce can begin after a six-month waiting period from the date of service of the documents to the other spouse. If there is disagreement on any aspect of the divorce agreement or disputes such as alimony or child support, the court decides. And the process will take much longer.
It is very important that anyone considering filing for divorce in California consult with an experienced family law attorney who can guide them through this complex process and ensure their rights are protected under the specifics of California law.
Common property law
There are exceptions to this rule, such as separate property, which is usually property that was owned by one of the spouses before marriage or was inherited during it. In addition, certain types of property, such as gifts made specifically to one spouse or compensation for personal injury claims, may also be considered separate property.
Navigating California’s complex common property laws can be tricky, especially when emotions are at a high level during divorce proceedings. It is essential that anyone going through a divorce seek professional legal advice from an experienced family law attorney who is thoroughly versed in these laws and can help each spouse obtain their fair share of the property while minimizing potential liability for debts incurred during the marriage.
Here are some statistical data on this issue:
Spousal Support (Alimony) Laws in California
In general, if one of the spouses earns significantly more than the other if he did not work or worked part-time during the marriage, taking care of children or running the household, then he may be eligible for spousal support after a divorce. This assistance can be temporary or permanent, depending on how long it takes the recipient to become self-sufficient.
It is important to note that spousal support agreements are not inviolable, they can be changed by court order in the event of a significant change in the financial situation of one of the parties. An experienced family law attorney can help you navigate complex California divorce laws and ensure your client is treated fairly when entering into an agreement.
Child Custody and Visitation Rights Laws in California
During the divorce process, parents can work together to develop a parenting plan that outlines how they will spend time with their children after the divorce is finalized. If both parties cannot agree on this, then the decision is made by the judge.
It is important for anyone going through a divorce in California to understand these child custody laws so that they can work towards an agreement that satisfies everyone involved in the process. An experienced family law attorney will guide them through the process, ensuring that their parental rights are protected.
Child support laws
It is worth noting that California child support laws are designed to ensure that children receive adequate financial support from both parents after a divorce. Failure to pay court-ordered child support can lead to serious consequences, such as:
- seizure of wages;
- deprivation of driver’s license;
- imprisonment.
Therefore, it is essential that anyone going through a divorce in California work with an experienced family law attorney who can help them understand their obligations under these complex divorce laws and ensure that all court orders related to child custody and financial support are followed.
Mediation and Alternative Dispute Resolution
In addition to the traditional mediation services provided by lawyers and mediators, there are also online divorce mediation options that allow couples to work together with little or no need to leave their homes. Such services often provide legal guidance as well as communication and document preparation tools.
While mediation or ADR methods can be used in all cases, it is worth considering these options before embarking on a lengthy litigation path. An experienced attorney will guide you through this process and advise you on possible alternatives to your situation, given the specifics of the law.
Family Law Attorney Services
An experienced lawyer can help you understand your rights and obligations under the law, including matters related to:
- division of property;
- custody of children;
- payment of spousal support and much more.
He will also help you negotiate with your spouse or his lawyer to reach a mutual agreement that is beneficial to both parties.
In addition, a competent lawyer, if necessary, will represent your interests in court throughout the entire divorce process. It will provide legal fixation of the agreements reached between the spouses
The services of a reputable family law professional are one of the most important steps towards the successful outcome of your California divorce case. This will give you peace of mind and the assurance that your interests will be properly represented.
References:
- California Courts. Divorce in California. https://selfhelp.courts.ca.gov/divorce-california
- LawInfo. What are the Grounds for Divorce in California? https://www.lawinfo.com/resources/divorce/california/what-are-the-grounds-for-divorce-in-californi.html
- California Online Divorce: Fast & Simple Filing for Divorce in CA. https://onlinedivorcecalifornia.com/
- Legal Information Institute. Common property. https://www.law.cornell.edu/wex/common_property
- Superior Court of California. Custody & Visitation. https://www.scscourt.org/self_help/family/custody_visitation.shtml
- U.S. Department of Labor. Alternative Dispute Resolution. https://www.dol.gov/general/topic/labor-relations/adr
