Divorce in California
Divorce is never an easy process, but it can be particularly complex in California. In addition to dividing assets and debts, deciding on custody and visitation, and determining spousal support, the court must also consider several legal factors when finalizing a divorce. In this article, we’ll discuss the key factors that a court will consider during a divorce in California.
1. Residence and jurisdiction
The court will consider whether both parties have lived in California for at least six months, as this is a requirement for California to have jurisdiction over the divorce. Additionally, the court will also consider whether either party has lived in the county where the divorce is filed for at least three months. If the residency requirements are not met, the court may refuse to hear the case.
2. Grounds for divorce
California is a no-fault divorce state, which means that the court will not consider the reasons for the divorce when making decisions about division of assets and custody. However, the court may consider evidence of marital misconduct when deciding how to award spousal support.
3. Property division
California is a community property state, which means that any property acquired during the marriage is considered community property and is subject to equal division between the parties. Separate property, such as property acquired before the marriage or through inheritance, will not be divided. The court will consider several factors when dividing property, including the length of the marriage, the age and health of each party, and the contributions of each party to the acquisition of community property.
4. Child custody and visitation
In California, the court’s top priority in custody decisions is the best interests of the child. The court may consider several factors when determining custody, including the child’s health, safety, and welfare, any history of domestic violence, and the child’s relationship with each parent. The court may also consider the child’s preference if the child is mature enough to express a preference. In addition to custody, the court will also establish a visitation schedule that allows the non-custodial parent to have frequent and continuing contact with the child.
5. Spousal support
In California, the court may consider several factors when deciding whether to award spousal support, including the marketable skills of each party, the ability of each party to earn a living, the standard of living during the marriage, and the length of the marriage. Spousal support may be temporary or permanent, and the amount may be modified if there is a significant change in circumstances.
Divorce can be a complicated process, but understanding the factors that a court will consider can help you navigate the process and achieve a favorable outcome. If you are considering divorce in California, it’s important to work with an experienced divorce attorney who can guide you through the process and advocate for your rights. With the right legal representation, you can protect your interests and move forward with confidence.
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