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California divorce laws
Before you go roaring down the road toward
a messy and costly divorce, consider the collaborative law approach to
divorce. The simplified explanation to the definition of collaborative
divorce is when your's and your soon-to-be-ex's lawyers agree to resolve
all differences outside the courtroom through fair negotiation. Now, it
certainly helps if you both have lawyers trained in this area before you
choose this form of resolution. A settlement on your own will be the best
thing you could do for everyone.
Child Support
 California
divorce laws employ a mathematical formula to
compute child support known as "Income Shares". The court
can require either or both parties to pay an amount “reasonable
and necessary” for
the support of any minor children of the marriage.
Courts follow a uniform guideline derived
from state divorce statutes, and adhere to the following principles:
- A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.
- Both parents are mutually responsible for the support of their children.
- The guideline takes into account each parent's actual income and level of responsibility for the children.
- Each parent is required to pay for the support of the children according to his or her ability.
- Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.
- It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
- Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the state's high standard of living and high costs of raising children compared to other states.
If you are looking to apply for child support and are not currently working with a divorce attorney, you will need to open a case with a California local child support office. At that time a case worker will obtain all necessary information about you, your partner and the child (if born). Assistance for establishing paternity, locating a non-custodial parent and their employment is available. You may call the state toll-free number for more information (866) 249–0773.
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about
marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Residency
Divorce statutes dictate that at least one of the parties to the divorce action in California must have been a resident of the state for at least six months prior to the filing of the action and a resident of the county in which the action is filed for at least three months prior to the action being filed.
Child
Custody 
 California has established what is known as a "joint custody" law. Judges are encouraged to award joint "legal custody" to both parents. California defines joint custody where both parents having a right to make decisions concerning their children, such as education, medical treatment and religious instruction and affiliation. Judicial preference is toward joint custody unless conditions exist that would make such a ruling harmful to the child.
Courts can and do award “physical custody” (or legal custody) to one parent. The parent not granted primary custody is usually granted secondary custody, or “visitation".
If one parent is dead,
is unable or refuses to take custody, or has abandoned the child, the other parent is entitled to custody of the child. Be thankful you're not in
Alabama (perhaps you're already thankful). In Alabama, if the Mother abandons
the children, the Father does not automatically get custody and must wait until
they are seven years old before that happens. Wow huh?
California proceeds in child custody cases under the premise of the "best interest of the child". Factors that get considered are:
- The health, safety, and welfare of the child.
- Any history of abuse by one parent or any other person
seeking custody. Parameters are in place to deny custody to those persons who have placed the child or the other parent in harm's way
| Divorce Myth: Having a child together will help a couple to improve their marital satisfaction and prevent a divorce. Reality: Many studies have shown that the most stressful time in a marriage is after the first child is born. Couples who have a child together have a slightly decreased risk of divorce compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together “for the sake of the children”. |
Grounds for Divorce
 Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds: 1.) Irreconcilable differences, which have caused the irreversible breakdown of the marriage. 2.) Incurable insanity.
The courts define irreconcilable differences substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.
A marriage may be dissolved on the grounds
of incurable insanity with medical or psychiatric proof that the insane spouse was at the time the petition was filed, and remains, incurably insane. Should a spouse be deemed incurably insane, the other spouse may be required by an order of support, to be responsible for that person's care.
The parties agree, upon entry of the judgment
for divorce, to irrevocably waive their respective rights to appeal and their rights to move for a new trial. Effectively the door closes on any issues covered in the divorce. Monetary adjustments of support are a notable exception.
Mediation
If it appears on the face of the petition that custody is a contested issue, the court will order mediation to assist the parties in settlement of those contested issues, and to assist in the development of an agreement that assures the child of close and continuing contact with each parent.
Alimony
 The longer your marriage lasted, the more likely alimony can be awarded. A California court may award temporary alimony (maintenance) and discontinue it at the dissolution, or it may continue it permanently. Often the remarriage of the recipient ends the alimony.
Courts can consider the following circumstances when making an alimony determination: (a) The earning capacity of each part, (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party, (c) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living, (d) The needs of each party based on the standard of living established during the marriage, the obligations and assets,
duration of the marriage, age and health of the parties and any documented evidence of domestic violence. [There are other ancillary considerations. See Family law in California]
Waiting Period
Six months must have elapsed from the date the respondent was served with a copy of the summons and petition (or the date of appearance of the respondent), whichever comes first.
| Divorce Myth: Following divorce, the woman’s standard of living plummets by seventy three percent while that of the man’s improves by forty two percent. Reality: This dramatic inequity, one of the most widely publicized statistics from the social sciences, was later found to be based on a faulty calculation. A reanalysis of the data determined that the woman’s loss was twenty seven percent while the man’s gain was ten percent. Irrespective of the magnitude of the differences, the gender gap is real and seems not to have narrowed much in recent decades. |
Grandparents
Rights
Federal law permits grandparents the right
to petition for visitation. Grandparents may petition the court for visitation privileges ether during or after the divorce process.
Divorce Settlement
 The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is defined as property acquired by the parties during the marriage and held in joint form. Property can be non-community property if the property is separate by title or by written agreement by the two acknowledging its non-community property status.
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