When it comes to various state divorce laws, California stands out as the first one to implement the concept of the no-fault divorce. Any couple filing for divorce in the Golden State can do so if their marriage has already suffered an irrevocable breakdown due to irreconcilable differences.
Neither of the spouses need to accuse the other of marital misconduct or other fault-based reasons, such as infidelity or adultery, desertion or abandonment, incapacity for sex, attempted murder or physical abuse, permanent insanity, or drug and/or alcohol addiction.
Legally referred to as dissolution of marriage, divorce in California can be granted even if the other spouse wants to keep the relationship intact and stay together for the sake of the child or children.
What are the residency requirements to get a divorce, and how long does it take to get divorced?
In order to obtain a legal dissolution of marriage in California, at least one of the spouses must be a resident of the Golden State for half a year before being allowed to file the petition. Moreover, a petitioner must be a resident of the county where the dissolution case is filed for a quarter of a year or three months. Then one has to wait for another half a year after the petition is filed and served to your spouse for the dissolution of marriage to be finalized.
How much to pay for child support and divorce alimony?
Child support is prioritized in California over spousal or partner support. The court usually considers alimony only after minor children have been accommodated first and adequately provided. Calculation is based on various factors such as the financial situation of each parent, and the amount of time each parent has the children in their custody.
When it comes to paying alimony based on earning abilities, the court considers actual current income based on the state’s family law code. Unless when the court discovers that a paying spouse has voluntarily reduced his or her income declaration to lower spousal support, then the court can assess the alimony based on that payer’s ability to earn. The court can also consider family code provisions regarding the capability of the paying spouse to support if he or she already has a new mate or partner.
How to undergo the process of divorce mediation?
Divorce mediation is defined as a non-adversarial method of resolving issues raised in a divorce, legal separation, or dissolution of marriage. These issues cover division of property, spousal and child support, as well as child custody and visitation rights.
A mediator jointly meets with the parties to explain each of their rights and responsibilities for their soon-to-be former spouse and child or children. The aim is to arrive together to a settlement seen as fair and agreeable to both parties. After the mediator aligns the settlement in a written form, another attorney chosen by each party then reviews the written settlement agreement. That attorney then processes the agreement before the court.
Is there a faster procedure for getting a divorce?
The process for summary dissolution of marriage is lengthier for couples who are married longer than five years, or those who have children or larger properties and debts. But for those not having these, they can make matters quicker. A spouse may qualify for a divorce if he or she has been married for less than half a decade, or if the couple are childless, have no real estate or relatively limited property and debts.
Generally, this process does not require an appearance before a California judge. All it needs is a written agreement about how the spouses will equitably and fairly divide their limited property and debts. Then this agreement must be filed before the court together with the other required forms. Even though you will have to wait for half a year before your marriage is finally dissolved, the divorcing spouses need not go through a longer process.
On that note if you would like to begin your process of a divorce. Simply go to www.toponlinedivorcereviews.com and purchase your do-it-yourself specific state divorce kit and begin your process today.