There are many things to learn about when it comes to the state of California and its divorce process. For example, it must be noted that California was the first state ever to implement what is referred to as a ‘no-fault divorce’ concept. This article will discuss some common areas with regards to divorce proceedings in the state of California.
As mentioned, California was the first state to bring about the no-fault divorce concept. This concert basically means that no spouse has to accuse the other of marital misconduct. Where the marriage has broken down due to irreconcilable differences, the couple can get a divorce. With this in mind, it is important to understand what the grounds for divorce in the state of California are.
Because California implemented the no-fault divorce concept it is a purely ‘no-fault’ state. Therefore, neither spouse can allege the wrongdoing of the other spouse was what caused the divorce. Rather, most divorces are based on grounds that the parties have irreconcilable differences and as a result of these differences it led to a breakdown of the marriage. As such, any spouse who wants to end the marriage can go ahead and do so even if the other spouse wants them to stay together.
That being said, the issue of fault may be taken into consideration by the court when it comes to dividing property or awarding alimony. To learn more about these aspects speak to a divorce lawyer Chula Vista today.
As with every state there is a requirement for residency when it comes to seeking a divorce in the state of California. In order for a couple to be eligible for a divorce in the state of California at least one of them must be a resident of the state of California for 6 months or 180 days before filing for a divorce in court.
The most contested aspect of divorces is the issue of the division of property. This is determined by the laws in place in the state where the divorce is being sought. California is a community property state, as such this means that any income that was being earned by either spouse during the marriage and any property that was bought with those earning is considered to be marital property. Therefore, such marital property is owned equally by each spouse or partner. Upon divorce this marital property is divided equally between the spouses.
Another contentious issue in a divorce is when children are involved and the question of custody comes to the fore. As with all states, California state courts look to the best interests of the child and it is presumed that the child must have frequent and continuous contact with both parents after divorce. As a result, if possible, judges seek to support joint custody arrangements. However, issues regarding timeshare are determined by what is presumed to be in the best interests of the child.
For legal advice and representation with regards to your divorce in the state of California, contact a divorce lawyer with the necessary experience and knowledge to cater for your needs.