What to Know About Divorce Laws in California

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

Facts About Maternity Leave in California

Many people find maternity leave to be complicated and challenging. Even if the laws and regulations seem daunting, it’s easy to become well-educated on the topic and gain a strong understanding about your rights and privileges as part of maternity leave. Maternity leave in the state of California is much better than most other states and you will find a lot more protection than in other areas.

Here are a few important facts about maternity leave in California.

Most pregnant women are eligible for maternity leave, no matter the type of employment they have. You have the right to take maternity leave, but employers are not required to pay you during your time off.

However, pregnant women who do take maternity leave are often eligible to go onto California’s state insurance for disabilities while they are out of the office, since illnesses related to pregnancies are considered as a disability under state law.

There are a variety of resources out there for women who want to learn more about disability insurance payments and the corresponding laws as they pertain to disability insurance.

In general, maternity leave in California is governed under the California Family Rights Act and the Family Medical Leave Act. A few requirements have to be met in order to fall under the different laws.

Employees must work for a boss who has at least 50 workers within a 75- mile radius. Employees must also have been working for at least one year with the employer and must have at least 1,250 logged work hours in the past year.

If all of these stipulations are met, the employee may take up to 12 weeks of maternity leave in a year-long period. The idea behind this length of time is to provide an opportunity for a mom to bond with their child. In addition to maternity leave, employees also have a right to take time off for disabilities that are related to the pregnancy. Employers must give time off to pregnant employees if they are disabled by a pregnancy or childbirth, or have any medical condition related to pregnancy and childbirth.

This could include a loss of a child, postpartum depression, prenatal care, postnatal care, or gestational diabetes, along with a wide swath of other illnesses and conditions.

Laws in California give a right for up to four months of maternity leave based off of a disability due to childbirth or a pregnancy. This is a separate figure than taking time off for maternity leave for the purposes of bonding.

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As a result, women in California could have up to seven months of total maternity leave (depending on the circumstances of the disability associated with the pregnancy and childbirth). Maternity leave for bonding time can be taken after the leave related to pregnancy and childbirth disability.

California law allows for intermittent leave, where maternity leave can be broken up into different time periods and not taken all at once. Employers

are required to give reasonable accommodations for employees who are pregnant if a doctor has mandated it, but a doctor’s note will be required by bosses before they will make a decision.

Employers in the state are not allowed to wrongfully terminate employees due to pregnancy, and there are laws on the books against harassment that is based on pregnancy.

Do you have a question about maternity leave? Click here to contact Von Esch Law today!

Courtesy of Cuselleration