Divorce In California

Residency Requirements and Grounds for Divorce

Residency Requirements and Grounds for Divorce

You must be a resident of California for six months and a county resident for three months to file for a divorce, called a "dissolution."

Either spouse can get a divorce simply by stating in divorce papers that "irreconcilable differences" have caused a breakdown in the marriage. If both spouses are in agreement that there should be a divorce, they can agree in writing (called a "stipulation") that the marriage can be ended.

The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the Superior Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.

After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

Dividing the Property

California is a "community property" state, which means that assets and debts acquired during your marriage will be divided equally when you divorce.

But not all property is considered "community property":

For example, any assets you had before you married will be considered "separate property" if you kept that property separated from property acquired during the marriage
The income produced by a separate property investment is also separate property, as long as it hasn't been "commingled" - mixed together with community money
Property you inherit from your family during your marriage will generally be considered your own separate property if it was willed exclusively to you and you did not commingle it with community assets during the marriage

It's important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a California divorce lawyer can save you a lot of time and money.

Alimony

A court can order alimony - called "spousal support" in California. A court will generally consider such factors as:

The standard of living established during the marriage
The duration of the marriage
The needs of each party
The financial resources and liabilities of each party
The impact on the children of having the care-giving spouse working
The contribution of each party to domestic duties and the education and career building of the other party
Any tax consequences
All sources of income available to either party

A court can order temporary spousal support while the divorce is pending. Most spousal support is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a " change in circumstances."

Child Custody and Visitation

In California, the court will make child custody decisions based on what is in the "best interest" of the child if the parents can't come to an agreement. In deciding which parent should have primary custody, the court will consider:

Which parent is more likely to allow the child frequent and continuing contact with the nonresidential parent
The history of contact between the parents and the child
The health, safety and welfare of the child
The mental and physical health of the parents, including any history of continual alcohol or drug usage
The preference of the child, if the child is intelligent, understanding and experienced enough to express a preference
Evidence of child abuse

After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.

Child Support

In California, child support is based on:

The incomes of both parents
How many children the parent is responsible for supporting
How much time the children spend with each parent

If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education for the parties' children.

A California child support order can be modified if there has been a change in circumstances. Examples of this would include:

A big increase or decrease in either parent's income
The child spending a lot more time with either parent
The child being several years older or having special financial needs such as schooling or medical expenses

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