California Divorce Laws And Resources
IF you live in California, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.
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DIVORCE & SEPARATION FORMS
Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link
FAMILY LAW RESOURCES
California Child Support Guidelines
California Child Support Calculator
California Child Support Services
DIVORCE LAWYERS & FIRMS
Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your California divorce form preparation today.
COUNSELING
PRIVATE INVESTIGATORS
Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.
DOMESTIC VIOLENCE RESOURCES
CA Family and Domestic Violence Referral Directory
SafeNetWork Resource Directory
CA Domestic Violence Services
SUPPORT
CALIFORNIA DIVORCE LAW RESOURCES
California Family Law Self Help
California Divorce Code
RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a dissolution of marriage (divorce), one party must be a resident of California for six months, and a resident of the county in which the proceeding is filed for three months, before filing the petition. The superior court has jurisdiction in proceedings under this code. [Based on California Family Code - Sections: 200, 2320]
LEGAL GROUNDS FOR DIVORCE: Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or (b) Incurable insanity (only upon proof). [Based on California Family Code - Sections: 2310]
LEGAL SEPARATION: The courts may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce (and decrees or orders for alimony and maintenance by sequestration of the property of either party). [Based on Arkansas Code 9-12-313]
MEDIATION OR COUNSELING REQUIREMENTS: When issues are being contested, and there is a minor child of the spouses or parents or of either of them whose welfare might be affected thereby, the family conciliation court has jurisdiction as provided in this part over the controversy and over the parties to the controversy and over all persons having any relation to the controversy. [Based on California Family Code - Sections: 1830]
PROPERTY DISTRIBUTION: California is a community property state. Except as otherwise provided by statute, all property (wherever situated) acquired during the marriage while domiciled in this state is community property. Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, the court shall divide the community estate of the parties equally. Separate property is not included in the division of the community estate.
Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. (3) The rents, issues, and profits of the property described in this section. (b) A married person may, without the consent of the person's spouse, convey the person's separate property. After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party acquiring the earnings or accumulations. [Based on California Family Code - Sections: 760, 770, 772, 2550]
ALIMONY/SPOUSAL SUPPORT: The court shall consider all of the following circumstances where determining spousal support: (a) The ability to maintain the standard of living established during the marriage, taking into account all of the following: (1) The ability of the spouse seeking support to gain self-supporting employment (2) The extent to which that spouse's present or future earning capacity was impaired by periods of unemployment during the marriage to permit the supported party to devote time to domestic duties. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. (c) The ability of the supporting party to pay spousal support. (d) The needs of each party based on the standard of living established during the marriage. (e) The obligations and assets, including the separate property, of each party. (f) The duration of the marriage. (g) The ability of the supported party to be gainfully employed without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health of the parties. (i) Documented evidence of any history of domestic violence between the parties. (j) The immediate and specific tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. (m) Any other factors the court determines are just and equitable. [Based on California Family Code - Sections: 4320]
SPOUSE'S NAME: In a proceeding for dissolution of marriage or for an annulment, but not in a proceeding for legal separation of the parties, the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether or not a request for restoration of the name was included in the petition. [Based on California Family Code - Sections: 2080]
CHILD CUSTODY: Either parent may be awarded custody. There is neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, allowing the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. In making a determination of the best interest of the child when deciding custody, the court shall consider all of the following:
1. The health, safety, and welfare of the child.
2. Any history of abuse by one parent or any other person seeking custody against any of the following: (1) Any child to whom he or she is related by blood or affinity or with whom he or she has had a care-taking relationship, no matter how temporary. (2) The other parent. (3) A parent, current spouse, or cohabitant, of the parent or person seeking custody, or a person with whom the parent or person seeking custody has a dating or engagement relationship.
3. The nature and amount of contact with both parents, except as provided in Section 3046.
4. The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent. The provisions of this subdivision shall not apply if the parties stipulate in writing or on the record regarding custody or visitation.
5. Any other factors the court finds relevant.
[Based on California Family Code - Sections: 3010, 3011, 3040]
CHILD SUPPORT: Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances. The duty of support continues until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. Both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.
The court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances set forth in this article. [Based on California Family Code - Sections: 3900, 3901,3910, 4052]
PREMARITAL AGREEMENT: To be valid, a premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property. (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. (4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement. (5) The ownership rights in and disposition of the death benefit from a life insurance policy. (6) The choice of law governing the construction of the agreement. (7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
The right of a child to support may not be adversely affected by a premarital agreement. Any provision regarding spousal support, including but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. [Based on California Family Code - Sections: 1611, 1612]
You can find more divorce information in the following articles:
• Do You Need A Lawyer
• Finding Divorce Attorneys
• Collaborative Family Law
• Divorce Considerations
• Divorce Mediation
• Do It Yourself Divorce
• More Divorce Articles
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