Divorce Guide to California
Divorce Guide to California
A woman's guide to getting a divorce in California
CALIFORNIA DIVORCE LAWS:
The Residency Requirement: Either party must be a resident of the state for six months, and a resident of the county for three months.
Grounds: Incurable insanity or no-fault irreconcilable differences that have caused the irremediable breakdown of the marriage.
Property Division: California is a community property state, meaning any property acquired by either party during the marriage is divided equally at divorce (click the following for an expert's overview and key tips on dividing up property through divorce).
Alimony: The court may award alimony in an amount, and for a period of time that the court determines is just and reasonable based on the standard of living established during the marriage. In awarding alimony, the goal is that the supported spouse be self-supporting within a reasonable time.
Many counties in California have adopted Alimony Guidelines, which the court may apply in a given case. The guidelines take into account many, many factors, so awards vary widely.
Child Custody and Child Support: As in every state, the court bases its custody decision on “the best interests of the child.” When the parties agree to joint custody, however, joint custody will be presumed to be in the best interests of the child. If a judge decides custody, the decision will be based on, among other things: The ties between the child and the parents; any history of family violence, neglect, or abuse; the spouses’ relative ability to care for the child; the child’s health, and age (click the following for an overview and list of articles on child custody and child support).
California child-support guidelines are based on an income-shares model that builds parenting time into the formula. Because the amount of support is determined by income and by time, it is impossible to give a typical amount of support.
An interactive program sponsored by the State of California can you an idea of your support.
http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Def...
Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.
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