How To Know the Latest Californian Divorce Laws

It is a sad fact but almost fifty percent of all marriages end up in divorce. Although the divorce laws of different states may have similarities, it is still better to refer to your specific state's divorce laws. If you are from California and you are planning on divorcing your spouse, here are some things you should remember about California's divorce laws:

The divorce court in California recognizes only two grounds for filing a divorce. These are:

• Irreconcilable differences - These are incidences that the court finds as enough reasons for the marriage to be dissolved.
• Incurable insanity - A medical proof or a testimony from an attending psychiatric doctor or medical practitioner is required.

The state of California allows "no fault" as a ground for divorce if the couple meets the state's residency requirements. A divorce granted on no fault grounds is one that the divorce court granted even without a spouse proving that the other spouse has done something wrong.

1. Residency requirements - You can file for a divorce in California if you have already lived for a minimum of six months in the state. You will also need to have lived for at least three months in the county where you will be filing the case.
2. Community property - When you file for a divorce in California, expect your conjugal properties to be split in half unless you and your spouse agree on a specific percentage of division. This is the case since California is a "community property" state. The divorce court also has the power to impose a division when it finds that a spouse is less financially capable. The debts will also be divided between the couple although the division will greatly depend on the amount and the circumstance.
3. Custody of children - Each parent may be awarded custody of his or her children. Every decision that the divorce court comes up with is in the best interest of the child/children. To come up with this basis, the court considers the following: the child's health and safety, and substance abuse of a parent or the person with whom the parent has a dating relationship.
4. Child support - Both the mother and father have equal child support responsibilities until the child reaches nineteen years old.
5. Waiting period - Some states impose a divorce waiting period before a spouse remarries again. In California, once the divorce is finalized, both parties do not need to wait for a period of time before getting married again.
6. Alimony - The divorce court awards alimony if a couple has not indicated arrangements regarding spousal support. Some factors that the court considers in granting alimony are the following:
   • Earning potential of each spouse
   • Length of marriage
   • Age and health of each spouse
   • Tax consequences
   • Assets of each spouse
   • Liabilities of each spouse
   • The ability of the other spouse to find a job with reference to the "best interest of the child" clause
   • Incidence of domestic violence during the marriage
   • Rehabilitative alimony

The information stated here is just a way of keeping you informed on the divorce laws in the State of California. Know that there may be updates on these laws after this writing. It would be best to consult a local California divorce lawyer for guidance.