Experienced Divorce Lawyer Standing Up for California Families
It’s important to remember that the following information applies to opposite-sex couples, same-sex couples and those registered as domestic partners who would like to dissolve their union.
Because California is a “no-fault” state, neither spouse is required to demonstrate that one party was responsible for the failure of the marriage. In California, the most common reason for filing for divorce is what’s often referred to as “irreconcilable differences.”
At a minimum, one spouse must reside in California for six months before filing for divorce. They must have also lived in the county where the divorce is filed for at least three months prior to submitting the requisite paperwork. Keep in mind, however, that domestic partners are not required to prove residency — domestic partners can obtain a divorce in California regardless of where they live.
Since California is a “community property” state, any property — including your home, income, and personal assets acquired during the course of the marriage — may be considered community property to be divided in a fair and equal manner by a California judge. Any property acquired prior to the wedding or after the date of separation will likely remain the sole and separate property of the spouse who purchased it.
A California judge will evaluate a variety of factors when determining the amount of support (if any) one party must pay the other. These factors include each party’s income, the duration of the marriage, the age and health of each spouse, the standard of living enjoyed by both parties during the course of the marriage, and other factors.
A California judge will not often deviate from state guidelines concerning child support unless one or both parties can demonstrate that they have a very strong reason for doing so. These guidelines are based on each parent’s income and the amount of time each party spends with the child.