Steps to a California Divorce
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Divorce can be an emotional process, and divorce laws can help simplify the process and eliminate conflict between spouses. In California, divorce is called dissolution, and there are several standard steps to achieving dissolution. Additional steps may be required if children are involved. - Either spouse can begin a dissolution proceeding by filing a Petition for Dissolution of Marriage in the Superior Court of California in the county in which at least one spouse has resided for at least three months. A spouse also must have lived in California for at least six months prior to filing.
California recognizes two grounds for dissolution, and the petition must include one of those grounds. The filing spouse must claim either that one spouse suffers from "incurable insanity" as diagnosed by a doctor or that the spouses have experienced "irreconcilable differences." - If a court determines that the dissolution should be granted, the next step is determining whether either spouse will be entitled to spousal support. If the financial means of one spouse is significantly less than the other, she may receive support from the other spouse to provide for her basic needs. A court examines several factors to decide whether spousal support is necessary, and, if so, how much will be paid and for how long. The court considers six factors: each spouse's income, each spouse's assets, whether the requesting spouse is able to work, the requesting spouse's needs, the standard of living experienced throughout the marriage and the duration of the marriage.
- Division of property is the next step toward dissolution . Any separate property owned solely by one spouse is awarded to that spouse. Separate property includes anything acquired individually prior to the marriage and any family inheritance received during the marriage. Everything else is marital property and is divided according to community property guidelines in California. Typically, this means marital property is divided equally, and each spouse receives 50 percent of the marital assets.
- If the spouses have children, the final step to a California dissolution is determining child custody and support. California courts determine custody using the "best interests of the child" standard. Typically, six factors are used in determing whether either parent would make a better custodian: the child's preference, each parent's relationship with the child, whether either parent will interfere in the child's relationship with the other parent, each parent's health, any history of drug or alcohol abuse and any allegations of child abuse, along with supporting evidence.
Child support is then awarded based to the parents' total income. The proportion of support paid by each spouse is based on three issues: each parent's contribution to the total income, which parent is the primary custodian, and the number of children needing support.