California Divorce Law

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California Divorce Guidelines

California's Residency Requirements

The petitioner must have been a California resident for 6 months before filing the divorce papers. Additionally, the petitioner must have been a resident of the California county for 3 months before filing the divorce papers.

 

California's Grounds for Divorce

California residents may file for divorce under fault or no-fault grounds.

California's no-fault grounds is:

  • irreconcilable differences, which resulted in the irremediable breakdown of the marriage.

California's fault grounds include:

  • incurable insanity, proven by psychiatric documentation and testimony.
 

California's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a California court will make a ruling.

California courts consider factors such as:

  • the amount and nature of contact between each parent and child
  • wishes of the child
  • any history of abuse by either parent
  • whether the custodial parent would allow the noncustodial parent and the child to maintain a meaningful relationship
  • welfare, health, and safety of the child
 

California's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

California courts consider factors such as:

  • both parent's standards of living
 

California's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

California courts will consider factors such as:

  • duration of the marriage
  • each spouse's employability, including any marketable skills
  • each spouse's assets, financial situation, and income
  • whether one spouse supported or contributed to the other spouse's career
 

California's Property Division Guidelines

California has adopted community property division guidelines, meaning all property acquired during the marriage will be divided into two equal parts. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

California courts will consider factors such as:

  • length of the marriage
  • age, health, and earning capacity of each spouse
  • custodial status of each spouse
  • each spouse's financial situation before and after the marriage
 

California's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's county of residence.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

"Anonymity is very important to couples who have been separated for a considerable time and I have certainly received that here. All my questions have been answered immediately and with understanding. I look forward to a successful conclusion to this heartbreak in our lives."

Robert from Laguna Woods, CA
Aug 12, 2016
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"I was dreading this process for many reason. Complexity, cost, timing, etc. I was pleased and relieved after a short conversations with an idivorce customer service rep. He was very informative and assuring. Although the interview process was lengthy, it was very thorough and I feel very confident in the rest of the process to finalize my divorce"

David from Elk Grove, CA
Apr 21, 2016
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"This process is excellent because it makes the whole ordeal much easier. You simply fill in the information as it is asked in the interview format. I would recommend this program."

Sharon from Ridgecrest, CA
Aug 10, 2014
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We offer more than a divorce preparation service:

Instant Document Completion: All forms completed in real time and available for instant filing and delivery to the court house in your area.

Dedicated Case Manager:  Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

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