Divorce Laws in California
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in California are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in California so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Navigating California Divorce Law
California State court grants divorce on both no-fault and fault grounds, making it one of the more liberal states in the country. In 1980, the state’s divorce rate was estimated to be 5.8% per 1,000 of the population, though more recent estimations have predicted a rate of 0.38% per capita per year.
Divorce can be devastating and stressful, and the regulations of filing a divorce in California vary from other states. Topics to consider include child custody, child support, alimony, and property distribution. If you’re considering a divorce, it is important to first to counseling to save the marriage.
Requirements for Filing a Divorce in California
In order to file for divorce in California, the spouses must be residents of the state for at least six months and three months in the county where the divorce is being filed. After filing the divorce papers, there is a six month waiting period to know if the divorce will be granted. Reasons for which divorce is permissible in California include adultery, violence and/or drugs, mental illness, personal indignities, and other matters.
When considering a divorce, it is essential to think about the well-being of any children involved. With the potential for one parent to be granted full-time responsibility for the children, the decision to file for divorce should not be taken lightly.
California Divorce Law and Child Custody
When it comes to the difficult decision of divorce, child custody is often the most important factor. Every parent wants the best for their child, so it’s essential to come to an agreement on who will provide the most nurturing environment. In California, the court makes this decision by considering the financial state, possible previous abuse from the parent, how the children interact with each parent, and who will be the better provider for the child.
What About Younger & Adolescent Children?
Younger children may not understand the situation and become emotional. It’s important to communicate with them to see who they want to live with. Older adolescents may also be emotionally affected by the divorce, but they will be much more vocal about who they would like to live with.
Child Support
Child support means the parent without custody gives a monthly payment to the child. In California, the amount is determined by the Income Shares Model, which considers the income of the parent to determine how much should be given to the child. The payment can change depending on the increase or decrease of income made by the parent. However, child support is not mandatory, so if both parents are financially sufficient without it, it’s not needed.
Understanding California Divorce Laws and Alimony
Alimony, or spousal support, is an option after divorce. It’s important to understand the qualifications of alimony in California and how payments are determined. Here’s a quick overview:
Earnings of both individuals compared to living expenses
Impairment of employment and income
One was supported by the other in any type of skill training or education
How long the marriage lasted
Alimony is not mandatory, and both parties must agree to it. Payments can be made in one large lump sum or on a monthly basis, and amounts are determined by income.
Property Distribution
The California divorce law follows the policy of community property, which means that any property accumulated during the marriage is divided equally (50/50). Property outside of the state is also considered as community property, unless there is a deed or written agreement from both sides stating that the property is separate. Community debts can be settled with banks, credit unions, and other finance companies. If the couple cannot agree on the distribution of property, the judge will make a decision. If there are children involved, the parent with custody usually has more rights to the property.
All properties bought during the marriage period are often split between the divorced couple. Income, health, and length of the marriage are also factors that determine how property is distributed. Debts incurred by one spouse after the separation, but notified before the divorce, can be settled with help from the other spouse through court orders.
California Divorce Laws Frequently Asked Questions
Dealing with a divorce can be stressful, and navigating the laws of the State of California can be confusing. Here are some of the most frequently asked questions regarding California divorce laws.
How long must I be a resident of California to be eligible for the filing of divorce?
Under the California divorce law, you must be a resident of the State for at least either 6 months or 180 (whichever is longer) and three months for the county of residence.
What happens if the defendant spouse doesn”t reside in California?
Under the California divorce law, there are no requirements for the respondent to be a resident of California. In such a case, a special process server will deliver the Complaint for Divorce to the defendant.
What are the complications that the plaintiff will face when the defendant spouse doesn”t reside in California?
It depends on the case, but if the defendant spouse doesn’t have residence in California, it can complicate the process.
How long will it take for me to be rid of my spouse?
The length of the process will depend on the complexity of the divorce case, but it is safe to say that it can take some time. It is important to have patience as the process unfolds.
What is the filing fee for divorce in the State of California?
The filing fee is dependent on the county of California that you have residence of, so it’s important to check with your local county office.
How do divorce attorneys in California charge for their services?
California divorce lawyers charge a fee for their services or charge you on a per hour basis. The fee really depends on the complexity of the divorce case, your financial health, the nominal fee of the California divorce lawyer, and of course your negotiating skill.
Do I really require a California divorce lawyer?
You can represent yourself in court, but it is highly recommended to have a California divorce lawyer to represent you. This will ensure that the process runs smoothly, and that you are getting the best possible outcome.
Can my spouse and I hire the same divorce attorney and save us some divorce liability?
No, it isn’t possible for a California divorce lawyer to represent both of the spouses. However, if both spouses have an understanding, then the same California divorce lawyer could prepare the paperwork for both the spouses, which could help to save some divorce liability.
Does the State of California recognize common laws?
No, the State of California doesn’t recognize common laws.
Is California a No-Fault State?
Yes, California is a no fault State. In fact, in the State of California you can’t file for divorce with grounds.
How long does a couple have to be separated before filing for divorce in California?
The State of California doesn’t have any requirements for separation before divorce. You can file for divorce as soon as you and your spouse have decided to end the marriage.