Legal Guide

California Divorce Law Facts Of Interest

There are some pretty clear differences in divorce laws from one US state to the next. The main differences appear in residency requirements, child custody, spousal support and legal grounds but much more can be mentioned. It is really important to know the differences and never assume anything. If you want to get a divorce lawyer in Tampa you want to contact a firm like Quinn Law Firm but if you need help in California, another firm may be necessary.

Legal Grounds

The first thing to be aware of in California is that there are some specific exact legal grounds appearing for divorces. Couples simply cannot get a divorce because of any reason they think about. Appropriate legal grounds are needed according to divorce law in California.

The two legal grounds that are accepted for marriage dissolution are incurable insanity and irreconcilable differences. A petty argument, even if it is really hurtful, is not an accepted divorce reason. Irreconcilable differences are basically accepted if they are causing an irremediable breakdown of the marriage. When looking at incurable insanity, it should be proven.

Remember the extra thing that divorce will become real at least 6 months after a spouse notice is served.

Residency Requirement

If you want to get divorced in the state of California at least one of the spouses has to live in this state for a minimum of 6 months from the moment when the divorce is filed. At the same time, country reside laws do apply, usually in quantum of 3 months.

Children Welfare

In California courts this is incredibly important. Courts are not going to do something that increases negative effects felt by the child. Custody and child support are 2 very important issues that are properly analyzed and discussed. Children will be eligible to receive child support until reaching 19. When the child is 18 and becomes self-supporting, dies, is not in high school or marries, support is no longer going to be enforced.

Offering support until the age of 21 is something that can be arranged. However, in order to do this it is important to cooperate with the spouse. Written agreement will obviously be necessary. When children are disabled and cannot work because of different reasons, child support would be extended.

When spouses cannot agree about child custody, it is the judge that takes various factors into account and makes the final decision. This does include but is not limited to safety, healthy, contact amount and child welfare.

Final Thoughts

California divorce law is really complex, more than in many other US states. These laws are affected by many different terms like those mentioned above, legal separation, property division, name changes and mediation. It is generally recommended to work with divorce attorneys because of this reason. Do be sure that you find one that has experience with child custody in the event children are involved. Never work with someone that is not experienced in California divorce laws. Those in other states may make mistakes as they do not know local nuances.


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