California Divorce
Information and FAQ
At least one of the parties to the dissolution action in
California must have been a resident of the state for at least six
months prior to the filing of the action and a resident of the
county in which the action is filed for at least three months prior
to the action being filed. ACC 2320
Grounds A divorce in the State of California is called a
dissolution of marriage. California law allows for dissolution of
marriage on grounds of irreconcilable differences, and incurable
insanity. Irreconcilable differences are statutorily defined as
those differences determined by the court to be substantial reasons
for not continuing the marriage and which make it appear that the
marriage should be dissolved. For a decree of dissolution of
marriage to be granted based upon incurable insanity, proof must be
presented to the court that at the time the petition was filed, the
insane spouse was, and still is, incurably insane. ACC 2310
Name of court and title of action/parties An action for
dissolution of marriage in the State of California is filed in
Superior Court. The title of the action initiating the dissolution
is a Petition for Dissolution of Marriage, while the title of the
action granting the dissolution is referred to as a Final Judgment
of Dissolution of Marriage. The party who initiates the proceeding
is called the Petitioner, while the other party is referred to as
the Responent. ACC 2330 Waiting Period No judgement of divorce is
final until six months have elapsed from the date the the respondent
was served with a copy of the summons and petition or the date of
appearance of the respondent, whichever comes first. ACC 2339
Reconcilliation Continuance If upon filing of the divorce action
it appears that there is a reasonable chance that the parties may
reconcile, the court shall order a continuance of the proceeding for
a period not to exceed thirty days. ACC 2334
Summary Dissolution of Marriage A summary dissolution of marriage
proceeding is begun by the filing of a joint petition signed by both
the husband and wife stating that all of the requirements for
summary dissolution have been met, providing the mailing address of
both husband and wife, and a statement of whether or not the wife
desires to have her former name restored. To qualify for a summary
dissolution, all of the following conditions must exist at the time
of filing:
1. At least one of the parties to the action must have been a
resident of the state for six months prior to filing for divorce,
and a resident of the county in which the action is filed for three
months prior to the filing of divorce.
2. Irreconcilable differences have cause an irremedial breakdown
of the marriage and the marriage should be dissolved.
3. The parties to the action have no children born prior to or
during the marriage, have not adopted any children during the
marriage, and the wife, to her knowledge, is not pregnant.
4. At the time the petition is filed, the marriage is not more
than five years in duration.
5. Neither party has any interest in any real property, wherever
situated, with the exception of a lease of residence, which must
terminate within one year of the date of filing of the petition and
must not include an option to purchase.
6. There may not be more than four thousand dollars ($4,000) in
upaid obligations incurred by either or both spouses after the date
of marriage, excluding amounts owed for automobiles.
7. (a) The total fair market value of the community property
assets is less than twenty-five thousand dollars ($25,000),
excluding all encumbrances and automobiles and including any
deferred compensation/retirement plans, and;
(b) Neither party has separate property assets in excess of
twenty-five thousand dollars ($25,000), excluding all encumbrances
and automobiles.
8. The parties have executed an agreement setting forth the
division of assets and liabilities and have executed all documents
necessary to effectuate the agreement.
9. The parties waive any right to spousal support.
10. The parties, upon entry of judgment of divorce, irrevocably
waive their rights to appeal and for a new trial.
11. The parties have read and understand the summary dissolution
of marriage brochure provided by the county clerk.
12. The parties desire that the court dissolve their marriage.
ACC 2400
Legal separation A judgment of legal separation may be obtained
in the State of California on the same grounds as those permitted
for an action of dissolution of marriage. ACC 2310 Alimony The
courts in the State of California may award support to either
spouse, without regard to marital misconduct. The goal in awarding
spousal support is to help the spouse receiving alimony to become
self-supporting within a reasonable time. Generally, the courts
consider one-half the length of the marriage to be a reasonable time
for a spouse to become self-supporting.
Factors the court will consider in determining the length and
amount of an award of spousal support include:
1. The marketable skills of the supported spouse; 2. The extent
to which the supported spouse's present or future earning capacity
has been impaired due to duties of the marriage; 3. The extent that
the supported spouse contributed to the earning capacity of the
supporting spouse; 4. The ability of the supporting spouse to pay;
5. The needs of each party; 6. The obligations and assets of each
party; 7. The duration of the marriage; 8. The age and health of the
parties; 9. Any other factors the court deems are equitable and
just. ACC 4320
Distribution of property The courts in California will divide the
community property of the parties equally after setting aside to
each spouse that spouse's separate property. Community property is
presumed to be all property aquired by the parties during the
marriage and held in joint form. This presumption may be rebutted by
a clear statement in the title by which property is acquired that
the property is separate and not community property or by proof that
the parties have a written agreement that the property is separate
property. ACC 2550 Child custody The court will determine the issue
of custody based upon the best interests of the child. In
determining the best interests of the child, the courts will
consider the following:
1. The health, safety and welfare of the child; 2. Any history of
abuse by a parent; 3. The nature and amount of contact by both
parents; 4. Any history of substance abuse; 5. The wishes of the
child.
There is a presumption that joint custody is in the best
interests of the child. If the court awards joint custody, the court
shall specify the rights of each parent to physical control of the
child. The court shall grant reasonable visitation to the
non-custodial parent unless it can be shown that such visitation is
not in the child's best interest. Each parent shall also have equal
access to records of the child, including, but not limited to,
medical, dental, and schooling. ACC 3011
Mediation If it appears on the face of the petition that custody
is a contested issue, the court shall order mediation to assist the
parties in settlement of those contested issues, and to assist in
the development of an agreement that assures the child of close and
continuing contact with each parent. ACC 3170 Child support Either
or both parties may be ordered to pay an amount reasonable and
necessary for the support of any minor children of the marriage. The
State of California has enacted child support guidelines which
establish the presumptive correct amount of child support due.
Deviation from the guidelines requires the court to state in writing
why the application of the guidelines would be unreasonable or
unjust, and:
1. The amount of support that would have been ordered under the
guidelines; 2. The reasons for the deviation; 3. The reasons the
support ordered is in the bests interests of the child. ACC 4056
Name change Upon request in a proceeding for dissolution of
marriage, the court may restore a party to their former or birth
name. ACC 2080
|
(Customer Pays Shipping &
Handling)
