Navigating through a divorce can be a challenging and stressful procedure. There are a number of laws in the state of California that deal with divorce, and many of them can have a lot of information for you to digest.
People often wonder how they can make divorce proceedings as stress-free as possible while retaining control over their finances. Here’s a few key elements to keep in mind when it comes to the different divorce laws in California.
State law lays out a few rules for eligibility. At least one of the spouses in a divorce must have lived in California for at least six months. Additionally, one of the spouses had to have lived in the country that the divorce is being filed in for three months before actually filing. All divorce proceedings in the state must be filed through the specific county, not with the state at-large.
When it comes to divorce in California, the law regards each of them as no- fault. This means a person does not have to give a reason or otherwise prove how they were wronged by the other party while filing a divorce proceeding.
Judges in the state do not look at fault when it comes to splitting property and otherwise figuring out child support. This means actions like adultery by one spouse will not come into consideration by a judge during a legal ruling.
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There are a few steps for getting divorced in California. This process can be long because there is a six-month period between the initial filing and finalization that is mandatory.
One of the spouses can start the process by filing in the proper county superior court. Whoever files must give the other spouse copies of the divorce petition and any additional information.
After this, there are a few different avenues. Spouses who work together easily can often come up with plans for property division and child support without the help of lawyers. Otherwise, spouses can go into mediation to get some outside help for when it comes to splitting property.
Mediators can be a big asset when it comes to working through tough situations. Otherwise, the most expensive option is a divorce trial. This means both sides hire lawyers and then a judge will have the final say when it comes to the terms of the divorce. This process can be very messy and time-consuming.
California is a community property state, so two people in a marriage are considered as a single entity when it comes to owning property. This means both assets and debts are community property.
Spouses in a divorce can either decide on their own how to split community property, work with a mediator, or go to a judge and have them decide in court. An appraisal might be necessary to assign value to property so it can be divided between two people.
If spouses do not want to figure out what pieces of property go to each person, they can also arrange where one party ‘buys’ the other out on different pieces. Alternatively, some choose to just sell all property and then divide up the assets accordingly. Sometimes, couples with children decide to retain joint property over something like a family home so their children can have access to it.
Overall, the divorce process in California can be a time-consuming affair. A good lawyer is a useful advocate to have during a case since they can help navigate people through the different divorce laws and offer input as to the best course of action.
Do you have a question about divorce laws in California? Click here to contact Von Esch Law today!
Courtesy of Cuselleration