California state divorce laws have changed over the years. It is important to keep up to date with the latest legal proceedings on getting a divorce in California, knowing what your rights are, and what the process is in order to move forward with your divorce. If you’re thinking of getting a divorce and are unsure about navigating the legal proceedings according to your state, you’ve come to the right place. Know and understand these simple facts about filing for divorce in California.
The California Courts website is a wonderful source of information for getting a divorce in California. They explain the basics of the divorce process in California, which are as follows:
- There are three legal ways to end a marriage in California. In the state of California, you can either get a divorce, file for separation, or obtain an annulment. Read up on the differences between these procedures and what they mean. Legal Zoom has specific explanations for each procedure and what constitutes grounds for annulments, which can confuse people at times.
- California is a “no fault” state. A “no fault” state means that “the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.” All that they have to state in legal proceedings is that the two of them did not “get along.” This is also commonly referred to in court as “irreconcilable differences.”
- Understand state residency requirements. In California, one of you must have lived in California for at least six months prior to filing for a divorce. One of you must also have lived in the county that you file for divorce for three months before your filing will become eligible. So if both of you just moved to the state of California, you may need to wait a while to file for divorce. Time to pull out the old spare mattress!
- Recognize how alimony is calculated in California. There are many factors, which contribute to how much alimony one party will receive and how it is calculated. Some of the factors that are taken into consideration, under California Code 4320 are “earning capacity of each party and what is sufficient to maintain the standard of living during marriage, the marketable skills of a supported party, the obligations and assets of property, the duration of the marriage, the age and health of both parties, histories of domestic violence, and other factors.
- Know what community property is. California believes that community property is “except as otherwise provided by statue, all property, real of personal, wherever situated, acquired by a married person during the marriage, while domiciled in this state is community property.” In other words, a prenuptial agreement only protects property that was acquired before marriage. Anything that is acquired during marriage is considered community property, regardless of whether a person contributed to purchasing said property or not.
- Gifts are the receiving person’s property, in most circumstances. Did you buy your ex an expensive watch and are now regretting it? Maybe you wish you hadn’t spent thousands of dollars on the latest birthday present. Unfortunately, according to legal proceedings in California, there isn’t much you can do about it. Gifts are considered property of the receiving party, regardless of how much they cost the spouse who bought it for them. May want to be careful what you buy your spouse from now on!
Become educated on California state divorce laws. The best way to move forward with your divorce is to make sure you understand what you are getting into, legally, and what your rights are in your divorce proceedings. Contact a legal consultant or one of the many specialists at iDivorce Forms today, in order to understand the process further.
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