In this article you will find general information about Divorce in California. Remember to ask a Lawyer for more detailed information.

California is a no-fault divorce state and allows spouses to dissolve their marriage due to irreconcilable differences.

Property – California Divorce

California is a community property state.

All property, real or personal, acquired by married persons during the marriage while living in the state is considered community property.

Except upon agreement of the parties, the California courts will divide the community estate of the parties equally.

Parties can have separate property and separate property is not included in the division of the community assets.

Separate property is defined as:

• All property owned by the person before marriage,

• All property acquired by the person after marriage by gift, bequest, devise or descent,

• The rents, issues and profits of the property.

Alimony – Divorce in California

California courts will award spousal support/alimony and take several factors into consideration before awarding support under California Family Code Section 4320.

The main factor California courts consider is the ability to maintain the standard of living established during the marriage, taking into account all of the following:

• Ability of the spouse seeking support to gain self-supporting employment
•  Extent to which that spouse’s present or future earning capacity was impaired by periods of unemployment during the marriage to permit the supported party to devote time to domestic duties.
• Extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
• Ability of the supporting party to pay spousal support.
• Needs of each party based on the standard of living established during the marriage.
• Obligations and assets, including the separate property, of each party.
• Duration of the marriage.
• Ability of the supported party to be gainfully employed without unduly interfering with the interests of dependent children in the custody of the party.
• Age and health of the parties.
• Any history of domestic violence between the parties. • The tax consequences to each party.
• The balance of the hardships to each party.
• The goal that the supported party shall be self-supporting within a reasonable period of time.
• Any other factors the court determines are just and equitable.

Child Custody

In matters of child custody, California may award either parent custody.

The courts prefer the parents create a parenting plan on their own, but will make one if the parents are not able to do so.

California courts always use the best interest on the child in making determinations of custody.

Additionally, California courts will take the following into consideration when awarding custody:

• The health, safety, and welfare of the child.
• Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a care-taking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating/engagement relationship.
• The nature and amount of contact with both parents • The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.
• Any other factors the court finds relevant.

Divorce in California – Mediation

California requires mediation or counseling under CA Family Code 1830 when issues such as minor children are being contested.

In considering awarding child support, California treats both parents of a minor child as having equal responsibility to support their child or children.

This means that a duty of support continues until the child graduates from high school or becomes 19 years old.

{ 0 comments }