Highlights Of The California Divorce Law


If you are from California and are seeking divorce then it is quite likely that you should have the right information and knowledge about the various legal grounds for divorce. To get divorce, there are some basic minimum requirements which must be followed. One of the parties to the divorce must have been a resident of California for at least a period of six months. Further the right legal grounds for justice must be produced failing which the matter will not move forward. The differences must be irreconcilable in nature and it must have caused a breakdown in the marriage which is irremediable. Incurable sanity is also a valid reason for breakdown of marriage and applying for divorce. One should also understand that the grounds for legal separation are the same as that for divorce. The same residency status requirements must also be met failing which case will not move forward.


Issues Related To Property Distribution Post Divorce

It has to be borne in mind that California is a state where the property belongs to the community. Unless specifically provided, personal, real and all other properties acquired by a person after marriage while he or she is domiciled in this state will be considered as property of the community.


Further there are quite a few things which must be kept in mind as far as spousal support and alimony is concerned. First and foremost, the court will take into account whether the spouse will be able to maintain the same standard of living which was enjoyed when the marriage was working well. The spouse’s ability to engage in self supporting employment will also be taken into account. Apart from the above there are quite a few other things which are also taken into account while deciding on alimony. The rules are quite complex and therefore it would always be advisable to take the help and support of a qualified divorce attorney to take the matter forward.


There are also other complicates rules with regard to child custody, changes with regard to spouse’s name and other such things. “Family matters is often is a very emotional and burdensome. We take family law seriously and want to make the process as easy as possible.” – Hannah with http://www.blsapc.com/divorce-attorneys-san-diego. In most cases the court will restore the birth name or the previous name to the spouse even if such a request has not been made. Each of the parents may be awarded custody of the child after divorce. There is no automatic preference or presumption when it comes to deciding on custody of child. Simple things like health and safety of the child, its well-being, history of abuse and other such things will be taken into account.