California Divorce Law

Divorce can be devastating and stressful

To help save a marriage you should try going to counseling before settling for divorce. There are circumstances where this just cannot help and divorce is the only outlet. California divorce law requires you to file for a divorce on paper to begin the process. Before the spouses can file for a divorce they would need to be a resident of California for no less that 6 months and 3 months of being a resident of their county. In order to know if the divorce will even been granted there is a six month waiting period. California divorce law is permissible for such matters like adultery, mental illness, drug useage, violent behavior, personal indiginities and so on. Most married couple want a happy and healthy marriage. Why else would they marry each other? One major factor to think about are the children that are involved and their well being. Which parent will take care of the children full time?

California Divorce Law and Child Custody
Child Custody is important in the decision making of divorce. Every parent want the best for there child. With that being said it is best to come to a decision on who will be the sole provider for the children. Certain instances single out a parent from being the caregiver like:

• Is the parent abusive?
• Are they financially stressed?
• Are there any mental or physical conditions preventing the parent to be a caregiver?

For those with kids that are minors it may be difficult for them to understand and become emotional for them. As mature adults it is best to place the kids with the parent much more nurturing. Younger kids may even suggest to the parent who they want to live with so talk with them. Older adolescence may also be emotionally affected by the divorce, but they will be much more vocal as to who they would like to live with. If this decision cannot be made within the household a court decision will be made. The judge will come to a better conclusion as to who will be the caregiver. He will decide this by computing the financial state, possible previous abuse from the parent, how the children interact with the parent, who will be the better provider and many other options.

Child Support
Child Support means the parent that does not have custody of the child gives a monthly payment to the child. In California the amount of money is determined by the Income Shares Model. This model determines how much should be given to the child based on the income of the parent. From that result the judge proceeds with the outcome and the child is granted a fee every month. The payment can change depending on the increase or decrease of income made by the parent. Although, divorce has to abide mandatory papers child support is not one of them. If both parents are sufficient without this option it is not needed.

California Divorce Laws and Alimony
Alimony is also an option after divorce. Alimony may also be called spousal support. You can take a few guidelines to the extent of child support and place it into this category. Some of the qualifications of alimony in California are:

• Earnings of both individuals compared to living expense
• Impairment of employment and income
• One was supported by the other in any type of skill training or education
• How long the marriage lasted

Like child support this is not a mandatory outlet. Both parties have to have been in agreement to alimony unless one may fit one of the qualifications above. The payments can be made in one large lump sum or, child support, have monthly payment. The payments are also based on income.

Property Distribution
Property distribution will be decided on very simple guidelines, who is best fit? The California divorce law has a policy which is called the community property, allowing everything that was accumulated during the marriage be split (50/50) if the married couple ever decides to divorce. Properties claimed during the term of marriage are all considered community property and will be turned over to the community unless:

• There is a deed or documentation stating that the property is separate even while the term of marriage
• Written agreement from both sides stating that the property is separate

Community debts are pinned to either spouse. Community debts can be settled with ones bankers, credit unions and other finance companies. Distribution of the property will mainly go to the parent that has legal custody of the child/children. If there are no children and the couple can not come to an agreement, then that decision will be made by a judge.

If anything was bought during the timeframe of the marriage, then the divorced couple would have to share eveything evenly. Even such debts that were against one spouse after the separation, but were notified before the divorce can be settled. This type of situation can be resolved with help from the other spouse through court orders.

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