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.