California State Divorce Law

California divorce courts require that those petitioning for a dissolution of marriage be residents in that state for at least 6 months, and of the county in which they’re filing for 3 months. They will then be eligible to file for divorce in the superior court of California.

California Grounds for Divorce

California is a no-fault divorce state, although there are times when a contested divorce cannot be avoided.

Uncontested Divorce in California

An uncontested divorce is the simplest and smoothest form of divorce; however, both parties must agree on all elements of the agreement in order to be eligible for this form of dissolution.

Couples in California may also be able to request a Summary Dissolution of Marriage, which is a simplified process, resulting in less time and expense. In order to qualify for a summary Dissolution, the couple must:

• Read the Summary Dissolution Booklet provided by the court clerk
• Be married 5 years or less
• Have no children born to them
• Not be pregnant
• Have no adopted children
• Have no real estate interests
• Have community property of $25,000 or less, not including cars and car loans
• Have community debts of less than $5,000, not including cars or loans
• Have a signed agreement outlining the disposition of possessions and debts
• Have signed a Joint Petition for Summary Dissolution of Marriage
• Both desire to end the marriage due to serious and permanent differences
• Both agreed to the Summary Dissolution instead of a regular dissolution

A Summary Dissolution provides a quick and simple divorce process, however neither spouse can be awarded spousal support. Either partner can change their mind and stop the dissolution at any time before the decree is final, but once it is finalized, there is no right of appeal and no way to modify the agreement.

Contested Divorce in California

If spouses cannot agree to an uncontested dissolution of marriage, they must file for a contested divorce.

Annulment in California

In California, annulment is the legal decree that a marriage never took place. The grounds for the court making such a decree include the following:

• Duress
• Mental illness
• Lack of consent by one of the partners
• Impotency
• Underage marriage for someone under the age of 14, or under 18 without the consent of a parent
• Bigamy
• Consanguinity, or marriage between blood relatives

No Fault Divorce in California

There are two reasons by which a California resident can file for no-fault divorce:

• Irreconcilable differences
• Incurable insanity

California Fault Divorce

Since California is a no-fault divorce state, couples do not have to prove the divorce is the fault of the other spouse. As long as there is proof that either of the no-fault requirements are fulfilled, they can file for divorce in California.

California Divorce and Child Custody

Child Custody Laws

There are no preferences for either spouse in child custody decisions, nor for a particular form of custody arrangements. The court may award any option it deems to be in the best interests of the child, as well as:

• Any history of abuse
• The contact with both parents
• The use of controlled substances by either parent

Child Alimony

California considers child support to be the ongoing duty of both parents equally until the child is 19 or completes the 12^th grade, whichever comes first, and will award child support in whatever amount required to achieve that support, as long as it is possible for each parent to do so. The calculations for child support are based on the Income Share Model, using Child Support Worksheets.

California Divorce Spousal Support

Generally, the court considers it the duty of divorced couples to support each other in the standard of living they enjoyed during the marriage in any way, and to whatever degree, possible. The court will take into consideration the ability of a spouse to pay support, as well as the needs of a spouse to receive it. Factors such as the length of the marriage, the sacrifices one spouse made to educate and equip the other for a career, as well as to raise the children, along with any other pertinent factors.

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in California

Spouses in the military are protected by California law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A California Divorce Lawyer?

As a no-fault divorce state, California makes it easier for people to petition for divorce without having to prove the fault of the other party. However, that does not mean that all couples are ready to agree on all the elements that go into a divorce. Many may need the legal advice of an experienced divorce attorney to help them come to a settlement in an uncontested divorce, or to present their case in a contested one. Divorce attorneys can provide that expertise and guide the parties through this difficult process with ease, resulting in a settlement that the parties can live with for years to come.