Understanding California Divorce Laws

Having a skilled Alameda County, CA divorce lawyer advocating for you is key if you are going through a divorce. Divorce can be a challenging and emotionally charged process, but understanding the specific laws related to divorce in California is crucial for anyone considering or going through this legal procedure. The following is a brief overview of these laws. For more detailed information, reach out today.

No-Fault Divorce

In California, divorce is primarily a “no-fault” process. This means that either spouse can file for divorce without proving that the other spouse did something wrong. The most common grounds for divorce cited are “irreconcilable differences,” which essentially means that the couple has experienced a breakdown in their marital relationship that cannot be resolved.

Residency Requirements

Before filing for divorce in California, at least one spouse must meet the state’s residency requirements. You or your spouse must have lived in California for at least six months before filing for divorce. Additionally, you must have lived in the county where you plan to file for divorce for at least three months.

Property Division

California follows the community property system regarding property division in divorce. This means that all assets and debts acquired during the marriage are generally considered community property and are subject to equal division between spouses. However, exceptions can apply, especially in cases where one party can demonstrate that specific assets or debts are separate property. An Alameda County divorce lawyer can determine if you may qualify for exceptions in your divorce.

Spousal Support

Spousal support, often referred to as alimony, may be awarded in a California divorce. The court will consider various factors when determining spousal support, including the length of the marriage, each spouse’s income and needs, and the standard of living during the marriage. Spousal support can be temporary or long-term, depending on the circumstances of the case.

Divorce Waiting Period

California has a mandatory waiting period before a divorce can be finalized. After filing for divorce, there is a six-month waiting period before the court can grant the divorce decree. This waiting period allows couples time to reconsider their decision and work on resolving any outstanding issues.