California Divorce - Guide To Divorce Laws
Learn how to get a divorce in California. Select the best California divorce lawyer with a proven record who has experience with the rules for divorce settlement and proceedings including issues such as alimony, children and divorce decree enforcement.
Getting Professional Divorce Help
If you are considering a divorce in California, the first step is to find the best California divorce lawyer who will satisfy your particular divorce needs and who can protect you from the vagaries of a California divorce and the misapplication of California divorce law by your spouse's divorce lawyer.
Your own California divorce lawyer should be able to demonstrate to you a successful California divorce record in either (or both) settlements or full blown divorce trials and a comprehensive knowledge of California divorce law. Since so much is at stake in your California divorce, it could be costly in terms of child custody or division of marital assets to select only an average California divorce lawyer.Divorce in California follows the general divorce procedures and requirements found in most other states but there are variations that need careful consideration. California is a community property state which, in terms of a California divorce, means that all property acquired during the marriage has to be divided equally between the marital parties unless there is an agreement between the parties to the contrary.
Otherwise, residency requirements, grounds for divorce and child support and child custody closely follow the divorce laws of other states. In order to file a petition for divorce in California, one of the spouses must have resided in California for a continuous period of 6 months and for a continuous period of 3 months in the county where the divorce petition will be filed.
California divorce law allows a divorce for "irreconcilable differences" which is the same no fault divorce allowed in many other states. Under the standard of "irreconcilable differences" if one spouse wants a divorce the other spouse cannot stop it. The California Family Code sets forth the guidelines for the awarding of spousal support, generally based upon the length of the marriage. Child support under California divorce law (Agnos Minimum Child Support Standards Act of California) is based upon a percentage of income of the non-custodial spouse.
There are a multitude of resources of public (ABA and California Bar Assoc.) and private (friends, relatives and associates) resources for finding the best California divorce lawyer for your particular divorce needs. It is best to find a local divorce attorney (Los Angeles, San Francisco) who knows the local divorce customs and local presiding divorce judges.