California Divorce Laws

Who Can File for Divorce in California?

From the Bay Area to Hollywood, marriages in California, as elsewhere, sometimes don't work out. You are eligible to file for divorce in California if you or your spouse has lived in California for six months, and in the county where you are filing for three months, immediately prior to the filing.

Grounds for Divorce in California

In California, there are only two grounds for divorce. The first is irreconcilable differences, meaning that the marriage is broken beyond restoration; the other is incurable insanity. In the case of incurable insanity, divorce does not remove any obligation, imposed by law, to financially support the insane spouse.

California Divorce Law and Property Distribution

California is a community property state. Distribution of property in a divorce is 50/50 unless the court finds sufficient reason to award one party more than half of the marital property.

Separate property, including property owned before the marriage and separate inheritances and gifts, is not included in the community property distribution.

Alimony in California

Spousal support, commonly known as alimony, is not guaranteed in a divorce in California; as in most states, alimony is determined on an individual case basis. The court will consider the length of the marriage and economic circumstances of both spouses in awarding spousal support.

California Child Custody Laws

California family courts determine child custody with the best interests of the child in mind, and consider such factors as:

• The child's relationship with each parent
• The other children in the home
• The child's adjustment to school and community
• Circumstances such as parental abuse.

Child Support Under California Family Law

Child support under California family law is determined by the Uniform Shares Model. The court may make exceptions to this model when there is a good reason, in the court's opinion, to deviate from the model.

California Divorce Lawyer

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