January 28, 2010
/24-7PressRelease/ --
California Divorce Basics for Couples Filing in the New Year
Article provided by John S. Yohanan
Visit us at
www.jsyohananlaw.com
For some unhappy couples, New Year's resolutions may include getting a divorce. January tends to be a notorious month for increased divorce filings, both around the U.S. and abroad. Some reasons for this may be a good opportunity for a fresh start or a bad bout of holiday stress. Regardless of the timing, divorce is a common reality for many families. If you have recently filed for divorce in California, or are seriously considering it, be sure that you know the basics.
Residency Requirements
After you contact an experienced family law attorney in California, he or she will verify that you meet the residency requirements. To be eligible for a divorce in California, one spouse must have lived in the state for at least
six months and in the filing county for a minimum of
three months.
Filing for Divorce
Your lawyer will next help you file a Petition for Dissolution of Marriage in your local county court. This document gives information about the duration of your marriage, number of children and includes requests for property division, custody arrangements or spousal support. You will also cite your grounds for the divorce in the petition, which are typically
irreconcilable differences in California.
Once your petition is filed, your spouse must be personally served with a copy and a court summons. He or she has
30 days to respond to the petition with his or her conditions or disputes.
Custody Arrangements
As parents, you can agree on a custody plan to present to the court for approval. If this option fails, courts typically try to grant
joint legal custody, usually with sole physical custody going to one parent. When this is not in the best interests of the child, one parent may receive sole legal and physical custody.
Visitation and Child Support
No matter what the custody arrangement, California courts encourage parents to maintain
frequent and continuing contact with their children. The amount of time each parent spends with a child is a factor the court may consider to determine child support, as well as the income of both parents.
Spousal Support and Property Division
Income is also a key consideration of the court if one spouse qualifies for support. The financial potential of the receiving spouse, earning spouses' ability to pay, length of the marriage and standard of living are also considerations. When dividing property, California courts use the
50-50 rule, so each spouse gets one-half of all marital property.
Length and Cost of Divorce
It is difficult to estimate the length and cost of a divorce. If you qualify for a
summary dissolution, which is a simple divorce, you may only have to pay a filing fee and a judgment could be reached within six months. However, the more contested and complex a divorce is, the more expensive and time consuming it will be. Costs for attorney fees, accountants and other support professionals do add up.
This is just some of the information you should know if you are contemplating a divorce in California. For further assistance and to answer any questions you may have, contact a local family attorney who has knowledge and experience in divorce matters.
Article provided by John S. Yohanan
Visit us at
www.jsyohananlaw.com---
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