Frequently Asked Questions about Divorce
- California is a “no-fault” divorce state, meaning irreconcilable differences or the permanent breakdown of the marriage are sufficient grounds for divorce.
To file for divorce in California, either you or your spouse must have been a resident of the state for at least six months and lived in the county where you plan to file for at least three months.
While it is possible to handle a divorce without an attorney, it is generally advisable to consult with and hire a divorce attorney in California, especially for complex cases.
California follows the principle of community property, dividing marital property equally between spouses, although “equitable distribution” may be applied in certain cases.
- Spousal support, or alimony, may be awarded based on factors such as the length of the marriage, earning capacity, and standard of living during the marriage.
Child custody decisions are based on the best interests of the child, considering factors such as health, safety, welfare, and parental ability to provide for the child’s needs.
Child support in California is determined using statewide guidelines that consider factors such as each parent’s income, parenting time, and specific child-related expenses.
The steps include completing and filing necessary forms, serving divorce papers to your spouse, and going through negotiation, mediation, or court hearings.
Yes, if both parties agree on all relevant issues, they can pursue a collaborative divorce or use mediation to finalize the divorce without going to court.
- Gather important documents like financial records, tax returns, bank statements, property deeds, employment information, and any prenuptial or postnuptial agreements.
To protect your financial interests, gather complete records, consult with an attorney, consider mediation or negotiation, and be aware of your rights and responsibilities.
Divorce can have tax implications, such as property transfer taxes, alimony tax considerations, and changes in filing status. Consult with a tax professional for personalized advice.
Work with your attorney or use mediation to negotiate a visitation schedule that promotes the best interests of the children and ensures meaningful time with both parents.
Options include negotiation, mediation, collaborative divorce, or, if necessary, resolving disputes through court proceedings. Choose the approach that suits your situation best.