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California Divorce Laws

California has following divorce laws:

Residency

According to California divorce laws, being a resident of California for about six months is prerequisite for filing the divorce case. Else the case will be dismissed. Moreover, it is allowed that either party can file for a divorce even if the other party is not agreeing for the action.

Documents required filing divorce

Under California divorce laws, the major documents that are needed for filing a divorce case are:
  • Appearance
  • Stipulations
  • Waivers
  • Preliminary Declaration of Disclosure
  • Declaration Re Service of Declaration of Disclosure
  • Income and Expense Statement
  • Marital Settlement Agreement
  • Declaration for Default or Uncontested Dissolution of Marriage

Distribution of Property

As California divorce laws promote equitable distribution of property, the marital property is divided in equal halves. In case of economic circumstances warrant, the judge court may award an asset of the community estate to one party depending on the conditions.

Change of Name or Restoration of Name

Both the spouses can revert back to their pre-marriage names, when the case is desolated.

Mediation Counseling

According to the California divorce laws, mediation counseling is not mandatory but optional. Mediators do counseling sessions to make either of the spouses rethink their divorce decision.

Alimony

In California divorce laws, alimony calculation is based on a complicated mathematical formula. If there raises negotiation over the terms of dissolution, concessions on alimony may be made. The reason behind is to protect spouses against confiscation of investments made in the marriage.

Child Custody

In California State the child custody is mostly granted to mother. Because the percentage of times the mother receives custody has been anticipated diversely from a low of 80 percent to a high of 95 percent.

Child Support

According to California divorce laws, mother usually gets child support and maintenance payments if her ex-husband has an ongoing relationship with his children. She may also consider it right that the children can visit their father.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.

 
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