California Divorce Recovery

Child Support

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. Otherwise, rummage around California divorce laws and look for guidance.

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. California divorce law requires that child support be paid by withholding of income (wage garnishment).

Courts follow a uniform guideline derived from California divorce statutes, and adhere to the following principles:

1.) 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.
2.) Both parents are mutually responsible for the support of their children.
3.) The guideline takes into account each parent's actual income and level of responsibility for the children.

•California Department of Child   Support Services
•California Family Laws
•California Finding the right mediator
•California Domestic Violence   Program
•California Low Income and Self           Representation
•California State Bar Association

4.) Each parent is required to pay for the support of the children according to his or her ability.

5.) 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.

6.) 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.

7.) 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.

California divorce laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

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.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? Learn how a Killer Divorce Attorney and a top Marriage Psychologist show you exact steps how to become happily divorced. Go ahead. You deserve it.

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Child Custody

If you remember anything from this site, remember that children should never be within earshot of any disagreement between you and the divorcing spouse. If you put the other parent down in front of the kids, it puts down half of what the kids believe they are.

California divorce laws have established what is known as a "joint custody" law for the determination of child custody. Judges are encouraged to award joint "legal custody" to both parents. Family Law 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 child 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? Another reason not to move to Alabama, huh? (sorry Alabamians).

In most custody cases, the court awards primary custody to the Mother. Father's may get primary custody 20% of the time overall, but in contested cases, the Mother will need to be proven unfit before she will lose custody.

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Visitation/Co-Parenting

California divorce laws encourage judges to award joint "legal custody" to parents. The term visitation refers to the non-custodial parent's time co-parenting the children separately from the ex-spouse. This means that both parents have a right to make decisions concerning their children, such as education, medical treatment and religious training. The court also has the power to award "physical custody" to one or both parents. The parent is is not awarded physical custody usually granted "secondary physical custody" or visitation rights. Non-custodial parents often will get specified periods of time consisting of alternating weekends, one evening per night and one-half of the children's school vacations. Over the last ten years, courts in California have been dealing with the right of a custodial parent to move with the children to another metropolitan area or out of state. The California State Supreme Court recently decided a case that settled this controversy, softening its stance on moving children from the non-custodial parent.

The court takes into consideration what each parent wants, what the child wants (if the child is old enough and/or mature enough), which parent has been the primary caretaker and the parenting abilities of each parent. Any reported abuse is also taken into consideration. Couples should focus on the visitation/shared parenting schedules. Include drop-off and pick-up times and locations. Make certain both parents have access to school records, medical records, teachers and activities. Define when vacations begin and end. Share birthdays. Plan summer visitation. Above all, be considerate. If you and your spouse cannot agree, the court will award the non-custodian, in most cases, every other weekend, one or two nights per week (not overnight), alternating holidays, Mother's and Father's Days, and a month in the summer.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

The longer your marriage lasted, the more likely alimony will 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]

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

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Grounds For Divorce

California's grounds for divorce can be summed up in four words: irreconcilable differences or nutso.

In the world of divorce lawyers, the terminology is: 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.

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Marriage Annulment
Marital Annulment

A marriage annulment in California is more commonly referred to as a nullity. You will need to prove in a court hearing that your marriage satisfies one of the grounds for marital annulment listed below to be granted an marriage annulment. These grounds must have applied at the time you and your spouse married or you and your partner registered to be eligible for an annulment: •Incest- (consanguinity in other states) where one marries a blood relative; •Bigamy- knowingly marrying more than one person, •Underage- below age 18 years at the time of marriage or registration of domestic partnership and did not obtain parental consent or a court order permitting the marriage.

•Unsound Mind-could not and has not formed the intent to marry or registered due to a mental condition. •Fraud- deception regarding a significant matter that led to the marriage or the partnership. •Force- threats or acts of harm were used to force one spouse or partner into the marriage or domestic partnership.)

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Marriage Counseling/
Meditation

Counseling in this instance isn't geared toward reconciliation but more toward agreeing on a path to the future (which usually means divorce).

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Legal Separation/ Marital Separation

Securing a legal separation does not terminate marital status of the parties as husband and wife in California. A resident may initiate legal separation proceedings on the same grounds as divorce. Legal separation does not terminate the marital status of the parties. It is an alternative to divorce and is generally sought upon breakdown of the marriage where for religious or other personal reasons the petitioner does not want the legal status relationship absolutely severed. "Other reasons" are most often to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. A judgment of legal separation (sometimes referred to as a marital separation) will determine any and all support, custody/visitation and community property rights and obligations in the same fashion as does a divorce.

petitioner does not want the legal status relationship absolutely severed. "Other reasons" are most often to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. A judgment of legal separation (sometimes referred to as a marital separation) will determine any and all support, custody/visitation and community property rights and obligations in the same fashion as does a divorce.

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Waiting Period

Six months must have elapsed from the date the respondent was provided a copy of the summons and petition (or the date of appearance of the respondent), whichever comes first. The courts understand that emotions run high around the divorce issue and a waiting period is provided for cooler heads to prevail and possibly a change of heart.

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Grandparents Rights

Federal law permits grandparents the right to petition for visitation. Grandparents may petition the court for visitation privileges either during or after the divorce process. Grandparents would be wise to consider making their request for visitation a part of the divorce process of their offspring and his or her spouse.

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Divorce Settlement

California is a Community Property state. During your divorce, you will be given an opportunity to reach a divorce settlement. Should you be unable to reach a divorce settlement, one will be imposed upon you by the court. Keep in mind that a little compromise can go quite far. Haggling over a picture, painting or gift to you both can be costly and throw the decision to a judge who will not have as much "involvement". Do what you can to fashion a 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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Residency Requirements

Divorce statutes dictate that at least one of the parties to the divorce action in California must have established residency in 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.

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