When you file for divorce, it can be easier if you are informed about the process before it begins. Depending on the type of divorce, you might find yourself in any of the following scenarios like, new living arrangements; parenting schedules, and decisions about assets like property and money. The following are important five facts to help guide you in your divorce:
1. Grounds for Divorce: California is a no—fault state which means that neither spouse has to prove that one person is solely responsible for the end of their marriage. Instead you may file for irreconcilable differences or incurable insanity as long as sufficient proof is presented in court.
2. Residency: In California, there are residency requirements for to file for divorce as well as a waiting period. At least one spouse must reside in the state for six months, and in the county were filing 3 months before filing the petition. The earliest the court grants a divorce is 6 months after the non-filing spouse was served.
3. Property Division: Before you file for divorce, it’s important to document the date of separation, as it will be the deciding factor in concluding how property and assets will be divided. Any assets acquired before the date are considered community property and will be equally divided, where as anything after the date cannot. The court will also equally divide any debts acquired during the marriage.
4. Alimony: The court can determine if one spouse may be required to provide support for the other. The factors the court looks at are: each spouse’s income, the standard of living during the marriage, the age and health of each spouse, and the duration of the marriage.
5. Children: When you file for divorce, the court basis decisions of child support and/or child custody with consideration of the health, safety, and welfare of the child. For child support, guidelines are based on the income and percentage of time spent with the child, of each parent. A child support order in California continues until the child graduates from high school or reaches age 19, perhaps longer if the child is disabled. For custody, the court allows the parents to create a schedule, but if they are unable to agree, a judge will make a decision based on the best interests of the child.
Brett Thorsteinson can help you file for divorce, contact us now to schedule your complementary consultation. Long Beach Divorce Lawyer | Huntington Beach Divorce Lawyer | Brett Thorsteinson