In California, a divorce (also known as a "dissolution of marriage") can be granted for "irreconcilable differences" between a husband and wife that have caused an irrevocable (un-fixable) breakdown of the marriage. Grounds such as adultery or mental cruelty do not have to be raised. California was the first state to start using this "no-fault" divorce. The use of "irreconcilable differences" also means that if a married person wants to end the marriage, he or she can do so even if the other spouse disagrees.
Are there any residency requirements for getting a divorce in California?
Yes — one of the spouses has to have been residing in California for a continuous six months, and he or she has to have been a resident of the county in which the divorce is filed for a continuous three months prior to the filing.
My spouse and I feel that we can cooperate on all the issues of our divorce and our children; can we do something to minimize the court time and cost?
Mediation as a way to get divorced is a good route if you and your spouse are in agreement about the major aspects of your marriage's dissolution. A mediator helps spouses come to an amicable agreement regarding the details of their parting, such as the distribution of their assets and the custody of their children.
Once the spouses have worked out a complete agreement (probably over the course of a few meetings), the mediator or a lawyer drafts a document that spells out all of the terms of the divorce. Each spouse should take that document to their own attorney for review. Once the Agreement is approved by both spouses, it is signed and taken to the family law court for the final approval and implementation.
How are our assets and property going to be divided in a divorce?
California uses the concept of "community property." This is generally defined as the property or assets acquired or income earned by a married person after the marriage took place. "Separate property," in contrast, is anything acquired before the marriage, or during the marriage if received as a gift, devise, or bequest. Usually, it's not hard to determine whether an asset is community or separate property, although sometimes the matter must be determined in court.
The law deems that community property will be divided equally between the spouses if there's no written agreement between them to the contrary. However, this could mean that one spouse gets the family home, while the other spouse receives the family business or some other assets, to maintain the equal division of the total net value of the assets.
Contact an attorney
Complex property distribution questions and all other matters relating to divorce and family law—including child custody and alimony—can be further explained for you by Stephen Varga. Click here to arrange a private consultation today.