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Divorce law in California differs significantly from many other states’. California is known as a “no fault” state, meaning that spouses seeking to divorce don’t need to prove fault on either side for the dissolution.

Divorce proceedings still impact certain issues such as spousal support and custody agreements, among others.

No-Fault Divorce

California is a no-fault divorce state, meaning when spouses file for divorce they don’t need to make an argument over who caused or contributed to its dissolution; rather, all they must demonstrate is irreconcilable differences that can’t be resolved and no chance for reconciliation exists in their relationship. While other states allow fault-based divorces still exist today, no fault divorce laws have been in effect in California since 1969.

California’s recent transition away from fault-based divorce was designed to streamline the process and focus on divorcing spouses’ wellbeing. Under California’s old system, any spouse seeking a divorce on grounds like adultery or cruelty would need to gather substantial evidence prior to filing their petition; this might involve hiring private investigators and collecting witness testimony before filing their petition, which can be both emotionally taxing and time consuming.

As fault is no longer considered when it comes to dividing marital property or determining alimony/child support payments, it is vitally important that you discuss all the specific details of your unique situation with an experienced Riverside divorce attorney in order to get the results that will ensure a positive resolution of the divorce process.

No-fault divorces may still be contentious, but are often less so than their contested counterparts which require extensive legal proceedings before an outcome can be determined by a judge. Therefore, these arrangements can be ideal for couples who can come to an agreement regarding asset and liability division, support obligations for either partner, child custody arrangements and visitation and support arrangements prior to the separation taking place.

No-fault divorce offers another key advantage over its counterpart: speed. Divorces with no fault grounds tend to be completed much more quickly, which can help ease stress on children who may already be going through their own difficult journey. A quicker process allows spouses to focus more on themselves and less worry as they start moving on from the marriage with minimal fuss – providing everyone involved with a healthier, happier post-divorce life experience.

Child Custody

Child custody issues in divorce proceedings can often be the most contentious topic between partners. While popular belief holds that California courts favor mothers in such disputes, in reality judges always prioritize what’s best for the child when making this determination – their needs being the sole factor that counts!

Parents may attempt to work out child custody arrangements themselves either alone or with assistance from a family law attorney; if this fails, California courts will make this decision for them. There are two forms of child custody in California – legal and physical custody. Legal custody determines which parent will make decisions concerning important aspects of a child’s life and health while physical custody refers to where the child will reside. Parents can share both legal and physical custody; alternatively one parent could sole physical custody while giving other substantial visitation rights.

Couples seeking joint legal custody must be able to work together and communicate effectively in order to co-parent effectively, which can be challenging if their relationships are constantly at odds with one another. Courts usually require them to attend mediation before making a final decision, making hiring an experienced divorce lawyer with knowledge about child custody issues all the more worthwhile.

If a judge grants either parent sole legal custody or joint legal custody, both will need to create a schedule for when and how often they spend time with their children. This schedule can be as flexible or structured as the parents wish; parents with joint legal custody tend to create more formal agreements outlining this timetable.

Additionally, divorce involves determining how much support each party must provide to one another. While there may be several variables at play here, generally speaking each spouse should contribute towards supporting the financial well-being of their partner and contribute financially towards joint parenting plans. A wife’s entitlement to spousal support and child support are determined according to laws regarding property division.

Child Support

Many California divorcees who are filing for child support have questions. Thankfully, the state has implemented a uniform guideline used to calculate payments that takes into account cost of living in each area where children reside and is designed to minimize conflict and disagreement. There may be circumstances that require deviation from this formula; examples include:

Domestic violence can have a dramatic impact on divorce proceedings. It may alter custody, visitation and spousal support decisions and in cases of severe assaults the victim may even qualify for lifetime support payments.

Domestic violence may also have an effect on asset division. California is a community property state, meaning most assets acquired during a marriage belong equally to both spouses – this includes real estate, personal property and financial holdings such as bank accounts, stocks and IRAs. Not all forms of property count towards community ownership however; such as inheritances or gifts from third parties.

As part of their divorce proceedings, spouses should collaborate to devise an equitable plan for dividing assets. If both parties can reach an agreement on all issues quickly and smoothly, courts usually approve these settlement agreements without issue.

If you and your spouse have an ongoing disagreement, the court can set a trial to resolve it. An experienced family law attorney should help guide both of you through this trying time.

Divorce laws in California can be complex, making the experience less confusing and stressful for all involved. Consult an Orange County Family Law Attorney to understand what rights you have and how your case will unfold; they’ll also provide additional resources that can assist in reaching a positive resolution of the proceedings. They’re committed to getting you the best outcome.

Division of Property

California, being a community property state, places great emphasis on making sure marital assets and debts are fairly divided between divorcing spouses. Though spouses may come to their own agreements on how to divide up properties during divorce proceedings, generally court approval will be needed before it becomes official.

At the core of property division lies understanding what constitutes separate versus community property. Separate property includes any assets or properties owned prior to marriage or domestic partnership as well as inheritance or gifts received during or after separation as separate property. Any increases in value of separate property should also be treated as separate if proven through financial records or other evidence.

Community property refers to any assets acquired jointly during a marriage or domestic partnership, from investments and houses to cars, boats and even savings accounts. In general, assets acquired as community property will be divided evenly among both partners after dissolution; however there may be exceptions such as assets gifted specifically to one party during or post separation, or increases in value of individually-held assets that occur over time.

Consider also that one’s credit history plays a vital role when dividing property. Most debt will usually be split evenly among partners, however excessive debt that exceeds assets may be assigned solely to one party.

While the default rules for property division in a divorce tend to favor equal distribution of assets between partners, couples can work with their attorney and create their own arrangements for division of property in accordance with their personal preferences. Furthermore, married couples can sign prenuptial agreements prior to starting their relationships which outline which assets and property belong to each party involved.