- California Divorce Law - |
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Statutory Reference to California Family Code: Divorce: § 2310 Property Division: § 2550, 2601 Alimony: § 4330 Custody: § 3040 Visitation: § 3100 Child Support: § 4050 http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20
Residence: Either party must be a resident of the state for six months, and a resident of the county for three months.
Grounds: Irreconcilable differences or incurable insanity.
Distribution of Property: Community property state. Community property is property acquired by either party during the marriage in any type of joint form. Unless the parties otherwise agree, the court shall divide the community property estate equally. To the extent that community debt exceeds community property and quasi-community assets, the court may divide the excess debt unequally based on the parties' ability to pay. ("Quasi-community property" is all property acquired by either spouse while domiciled elsewhere that would have been community property if the acquiring spouse had been domiciled in California at the time of acquisition).
Alimony/Spousal Support: The court may award alimony in an amount, and for a period of time, that the court determines is just and reasonable, based upon the standard of living established during the marriage. In awarding alimony, there is a goal that the supported spouse be self-supporting within a reasonable period of time.
The court retains jurisdiction to modify alimony in all cases of marriages over ten years unless the parties otherwise agree. There is a presumption of decreased need for alimony decreases on the recipient's cohabitation.
Child Custody/Visitation: There is no presumption in favor of joint or sole custody; custody shall be awarded to both parents joint or to either parent as is in the best interests of the child. However, where the parties agree to joint custody, then joint custody shall be presumed to be in the best interests of the child. In awarding custody, the court shall consider which parent is more likely to foster a positive relationship between the child and the other parent. An explicit link between custody and child support is made by the provision that a court may order financial compensation to one parent for those periods of time the other parent fails to assume care taking responsibility, and may order financial compensation to a parent that has been repeatedly thwarted by the other parent in attempts to exercise custody/visitation.
Child Support: Statewide Uniform Guidelines at section 4050. The guidelines are an Income Shares model, explicitly taking into consideration the time each parent has custody of the child. |
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