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Important information to be studied when applying for divorce in the state of California is given below:
To file for divorce in California, one of the parties must have lived in the state for a minimum of six months and in the county for a minimum of three months. There is a state-mandated waiting period of six months which begins after the initial forms are filed.
Reasons for the Divorces
There are mainly two reasons of divorce in California that is fault and no-fault. In order to file for divorce in California, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove to the court.
No-Fault reasons, which include differences in the marriage between the spouses.
General reasons, which include insanity that is incurable
Principle of the Child Custody
When determining custody of the child(ren), the court will make a decision based on what is the in the child(ren)'s best interest. While joint custody arrangements are preferred, ultimately whatever is most beneficial for the child is what will be ordered. Some factors that are taken into consideration when deciding custody include, but are not limited to:
The age, emotional, and physical health of the child.
History of domestic violence or abuse by either parent.
Drug or alcohol use of either parent.
Health and safety of the child
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Rules for Property Distribution
California is a community property state. This means that property acquired during the marriage will be divided equally between the parties in the divorce. This includes income, debt, real property, and personal property. The court may be willing to consider a property of division that is not 50/50 if there is a written and notarized agreement of the parties.
Rules for Spouses Support
Depending on whether it is being decided by the court, or if it is included in a prior agreement, alimony can be awarded permanently, temporarily, or not at all. Factors which the court considers regarding alimony are:
Length of the marriage.
Vocational and professional skills of the parties.
Assets and liabilities of the parties.
Needs of each party based on the standard of living maintained during the marriage.
Sources and amount of income.
Child Support Guidelines
Child support in California is determined based on a set of guidelines. These guidelines are used to determine how much the obligated parent has to pay. Factors that are considered in determining child support include:
The number of children from the marriage.
The parent with primary custody of the child.
The amount of financial support the child needs (health insurance, child care, etc.).
The income available to the parents.
The amount of time each parent spends with the child.
Mediation in Case of Divorce
In some cases, the court may recommend mediation to see if the marriage can be reconciled. In this event, there will be a 30 day delay before your divorce will be granted..
Filing Pro Se Divorce
A lawyer is not required to file for divorce in California, although it may be recommended in some cases. A divorce that is filed without representation of an attorney is filing for divorce pro se.
Pro se is a Latin phrase which means "on his or her own". This type of divorce is legal and enforceable in California. Pro se divorces are convenient and often a lot less costly than hiring an attorney.