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What You Need to Know Before Obtaining a California Divorce

Before you file for divorce, you should make sure that you are as informed as possible about this process. The more you know, the less likely you are to be bent out of shape over something or jeopardize the outcome of your case.

While certain elements of divorce are true across the board, like all the other 49 states, California has its own unique laws. For your benefit, our legal team has compiled answers to commonly asked questions by couples across California:

What are the residency requirements for divorce?

One of the divorcing parties must be a resident of the State of California for at least six months before a Petition for Dissolution can be filed. One of the parties must also be a resident of the county in which the action is filed for at least three months before the action is filed.

What paperwork deadlines should I be aware of?

Keep in mind that different California counties have their own additional local rules (on top of those imposed by the California Code of Civil Procedure, Family Code and California Rules of Court).

How will judges determine child custody?

If you and your partner are unable to reach an amicable agreement concerning custody and visitation, the court will have to intervene. A judge will always rule in the "best interest of the children," and will keep in mind certain factors mentioned in California Family Code Section 3011, Section 3020 and others.

How will judges determine child support?

In California, child support is determined by the incomes of each party, the total net disposable income available, time each parent spends with child, and the number of children (an equation is used that can be found in California Family Code Section 4055).

How is property division determined?

California adheres to the concept of "community property," meaning any property that a married couple possesses is considered joint property and will be split 50/50 in the event of a divorce.

How does alimony work?

If the economic impact on one party will be adverse, alimony will usually be ordered. Judges consider a wide range of factors before awarding alimony such as:

  • The health and age of each party
  • Each party's earning capacity
  • Debt and property division
  • The educational or career contributions of each spouse to the other
  • How a child would be impacted by the custodial parent returning to work

If you have any further questions about the divorce process in California, we encourage you to contact Debra J. Kay Attorney at Law and schedule a consultation with our legal team today. Attorney Kay has over 25 years of legal experience and is a certified family law specialist. We will be able to provide you with tailored advice concerning your situation.

We are proud to serve residents across the state of California including those located in Westlake Village, Thousand Oaks, Agoura Hills, Newbury Park, and other cities across Ventura County and LA County.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Debra J. Kay Attorney at Law - Westlake Village Divorce Attorney
Located at 2801 Townsgate Rd, #360 Westlake Village, CA 91361. View Map
Phone: (805) 416-0212 | Fax: (805) 379-2228
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