What You Need to Know about California Divorce Laws
Every state has slightly differing rules that pertain to divorce, and California divorce laws are certainly no exception. It is important for all residents of the state to fully understand what the laws pertaining to divorce in California are so that if the need arises, they are best able to cope with this family crisis and move on more quickly and with less emotional distress for everyone involved. Certainly, consulting an Inland Empire divorce lawyer for these complex family matters is certainly prudent.
Many resources exist to find out more about the divorce laws in the state, including the State of California’s own searchable databases, where you can find a wealth of information,
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Additionally, they must be a resident of the county where the proceedings are filed for at least three months.
In most divorce cases, there is a lot of hurt and anger. Additionally, there are typically lots of commingled funds, properties, debts and often children. Sorting through it all with a level head is best, and the way to do that is to be armed with the proper knowledge to do so. Let’s take a look at some of the general laws, and places where you can find additional details.
Grounds for CA Divorce Filing
In California, a Petition for Dissolution of Marriage has to include the proper grounds under which it is sought. Appropriate lawful grounds in California divorce cases are either those which both spouses agreed upon, or that can proven by the spouse which files the petition.
The dissolution of marriage grounds in California typically follow the no-fault divorce rules, and there are simply two:
Irreconcilable differences-- the court must determine that these grounds are significant reasons for not continuing in the
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It should also be noted that a criminal conviction of an abusive spouse can reduce or eliminate spousal support. More information and details about spousal support are available in California Code - Sections: 4320, 4324, 4330, 4336.
California Divorce Property Division
California is one of a handful of states around the country that uses community property rules to divide assets and liabilities. What this means, in general, is that community property is anything that was acquired while the parties were married; and this property will be divided 50/50 if they cannot come to an agreement. Of course, there are challenges to this rule, with the burden of proof being on the spouse that wants certain property excluded. This can happen when someone inherits property or had purchased it prior to the marriage, or if there is a written agreement that it is separate property.
In similar fashion, debts incurred during the marriage shall be divided equally. Debts which are incurred after the date of separation that aren’t for ordinary living expenses shall be considered to be that spouse’s debt.
While this is a very general overview of property division, there is a lot more information available in California Code - Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625,