Making a decision to file for divorce is not an easy task. Going through divorce can be tough, not only for the couples but also for the children involved. If you’re in California and you want to file for a divorce, there are a few things you need to know.
The first and most important rule when it comes to divorce in California is that anyone filing for divorce must be a resident of the state. Next, California is a no-fault divorce state which means, anyone filing for divorce doesn’t need to accuse the other party of any wrongdoing to justify their intent to divorce. Lastly, California is a 50/50 state for property division.
emphasizes the flexibility the state offers when it comes to grounds for divorce. While “no-fault” divorces are accepted, the state also allows “fault-based” divorces. Couples can choose to divorce on grounds such as adultery, abandonment, or cruelty, giving them various options to end their marriage.
Let’s take a look at these divorce rules to understand them even better.
Residency Requirements
As mentioned, anyone filing for divorce in California needs to be a resident of the state. He or she must also have held residency for at least six months, with three months being in the county where they are getting the divorce.
No-fault divorce
Did you know that California is the first state in the US to pass a law for “No-fault” divorce? This law allows anyone to dissolve a marriage without the need to cite any wrongdoing or reason for such decision. Now, all 50 states in the US implement the “No-fault” divorce law, with NY being the last one to pass the law in 2010.
50/50 State for property division
In California, any property acquired during the marriage is to be split equally between spouses once they file for divorce. The court rules for assets and property (not including any property gifted or inherited) to be divided in an equitable way that is based on multiple factors.
Spousal support laws
A judge can make a spousal support order in the event of a divorce, legal separation or domestic violence restraining order. But it is important to note that not every divorce will assign alimony, and spouses can also waive their right to receive it. Anyone convicted of domestic abuse gets their rights for alimony automatically forfeited.
The amount of alimony depends on some factors including:
- Marriage Duration
The length of the marriage is considered; longer marriages often result in higher alimony awards.
- Earning Capacity
The court evaluates the earning capacity and financial resources of both spouses. If one spouse possesses significantly greater income potential or assets, they may be obligated to provide financial support to the other.
- Standard of Living
The medical needs or living expenses of one spouse will be considered when determining the amount of alimony they will receive. If one spouse contributed to the other’s career advancement or made personal career sacrifices for the sake of the marriage, it carries weight.
Seeking Legal Assistance for a Smooth Divorce Process
If you’re looking for a seamless divorce process, seeking legal assistance is essential.
Hiring a knowledgeable divorce attorney can help you navigate through the complexities of the legal system and ensure that your rights and interests are protected.
An experienced lawyer will guide you through the entire process, from filing the necessary paperwork to representing you in court if needed. They will also provide you with valuable advice and support, helping you make informed decisions that are in your best interest.
With their expertise, they can help you negotiate a fair settlement agreement, resolve any disputes, and ensure that the divorce proceedings go as smoothly as possible.
By having a legal professional by your side, you can have peace of mind knowing that you have someone who will advocate for your rights and handle all the legal aspects of your divorce.
Conclusion
Going through divorce is an emotional journey that no one will ever prepare themselves for. Legal requirements and rules do not have to add to your burdens. Make sure that you hire a qualified attorney to help you navigate through divorce and alleviate your stress.
