U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in California have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of marital property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS IN CALIFORNIA
To file for a dissolution of marriage (divorce), one party must be a resident of California for six months and a resident of the county. The proceeding is filed for three months before filing the petition. The superior court has jurisdiction in proceedings under this code.
LEGAL GROUNDS FOR DIVORCE IN CALIFORNIA- NO-FAULT
Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or (b) Incurable insanity (only upon proof).
CALIFORNIA’S MEDIATION OR COUNSELING REQUIREMENTS
When issues are being contested, and there is a minor child of the spouses or parents or of either of them whose welfare might be affected thereby, the family conciliation court has jurisdiction as provided in this part over the controversy and the parties to the dispute and all persons having any relation to the dispute.
PROPERTY DIVISION IN CALIFORNIA
California is a community property state. Except as otherwise provided by statute, all property (wherever situated) acquired during the marriage while domiciled in this state is community property.
Except upon the parties’ written agreement, or on oral stipulation of the parties in open court, or as otherwise provided in this division, the court shall divide the parties’ community property equally. Separate property is not included in the division of the community estate.
Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property are described in this section. (b) A married person may convey the person’s separate property without the consent of the person’s spouse.
SPOUSAL SUPPORT IN CALIFORNIA
The court shall consider the following factors in determining spousal support: (a) The ability to maintain the standard of living established during the marriage, taking into account all of the following: (1) The ability of the spouse seeking support to gain self-employment.
The extent to which that spouse’s present or future earning capacity was impaired by periods of unemployment. Wrongful Termination during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to attaining an education, training, career position, or a license by the supporting party. (c) The ability of the supporting party to pay spousal support. (d) The needs of each party are based on the standard of living established during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) supporting within a reasonable period. (m) Any other factors the court determines are equitable.
SPOUSE’S LEGAL NAME-CHANGE IN CALIFORNIA
In a proceeding for dissolution of marriage or an annulment, but not in a proceeding for the legal separation of the parties, the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether or not a demand for restoration of the name was included in the petition.
CHILD CUSTODY IN CALIFORNIA
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, allowing the court and the family the broadest discretion to choose a parenting plan in the child’s best interest. In deciding on the best interest of the child when determining custody, the court shall consider all of the following:
- Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom they are related by blood or affinity or with whom they have had a caretaking relationship, no matter how temporary. (2) The other parent. (3) 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.
- The habitual or continual illegal use of controlled substances or regular or continual alcohol abuse by either parent.
CHILD SUPPORT IN CALIFORNIA
Both parents of a minor child have an equal responsibility to support their child in a manner suitable to the child’s circumstances. The duty of support continues until the child completes the 12th grade or attains the age of 19 years, whichever occurs first. Both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.
The right of a child to support may not be adversely affected by a premarital agreement. Any provision regarding spousal support, including but not limited to a waiver of it, is not enforceable if independent counsel did not represent the party against whom enforcement of the spousal support provision is sought at the time the agreement was signed or if the provision regarding spousal support is unconscionable at the time of enforcement
SAME-SEX DIVORCE
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges
CALIFORNIA CHILD SUPPORT RESOURCES
PO Box 419064, Mail Station – 100
Rancho Cordova, California 95741-9064
Customer Service: 1 (866) 249-0773
