Cecily Zamora
California has its own laws regarding the dissolution of marriage, including residency requirements, child custody, child support, spousal support, asset valuation, and distribution of marital property. California is a 'no-fault' divorce state, meaning that neither spouse has to prove that the other did something wrong. The only two grounds for divorce in California are irreconcilable differences and incurable insanity. There are several ways to end a marriage or domestic partnership in California: dissolution (divorce), legal separation, and nullity (annulment). If a couple has been married for less than five years and has no children, they may qualify for a simpler way to get divorced, called a summary dissolution.
| Characteristics | Values |
|---|---|
| Divorce terminology | Dissolution of marriage, no-fault divorce, divorce, legal separation, nullity, annulment, summary dissolution |
| Residency requirements | Live in California for at least 6 months, live in the county of filing for at least 3 months |
| Grounds for divorce | Irreconcilable differences, incurable insanity |
| Waiting period | 6 months |
| Fees | Between $435 and $450 to start the case |
| Same-sex couples | Can file for divorce in the county they were married if their current state does not permit same-sex divorces |
| Domestic partnerships | Must be registered with the State of California to file for dissolution |
| Annulment | Requires proof of reasons such as incest, bigamy, or invalidity |
| Summary dissolution | Available for couples married for less than 5 years with no children, a simpler process with joint paperwork |
Explore related products
What You'll Learn
Residency requirements for divorce
To get a divorce in California, there are residency requirements that must be met. If you and your spouse have lived in California for at least six months but in different counties for at least three months, you can file for divorce in either county.
To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where the divorce is being filed for three months. This means that if you have lived in California for six months but your spouse has not, they can file for divorce in their home state, and vice versa.
If you got married in California but now live somewhere that does not allow divorces for same-sex couples, you can file for divorce in the California county where you got married. The court can end your marriage, but it may not be able to make decisions about property, support, or children.
If your domestic partnership is registered in California, you do not need to meet the residency requirement. However, if neither of you meets the requirement, the court may still end your partnership, but it may not be able to make decisions about property, support, or children. If your partnership is not registered in California, you will need to meet the residency requirement.
Paralegals: Exploring Their Scope of Legal Practice
You may want to see also
Explore related products
Summary dissolution
In California, there are several ways to end a marriage or domestic partnership: dissolution (commonly known as divorce), legal separation, and nullity (also known as annulment). A summary dissolution is a type of dissolution that allows you and your spouse to terminate your marriage without a trial or a judge's input. It is one of the least expensive ways to end a marriage, requiring just a few forms and a small fee.
To be eligible for a summary dissolution, you must meet certain requirements. Firstly, you and your spouse must have lived in California for at least six months and in the county where the paperwork is filed for at least three months. Additionally, your marriage must have lasted less than five years, and you must have no children together. You must also meet specific requirements regarding your financial situation and the length of your separation.
The process of obtaining a summary dissolution typically involves three steps. First, both spouses must read and sign the FL-810 form, which provides information about the process. Second, the FL-150 form, or Income and Expense Declaration, must be completed, providing data about your financial health. This should be exchanged between spouses, along with tax returns and other relevant financial information. Finally, you must inform the court of your decisions and agreement to divorce by filing the necessary paperwork, including the FL-800 form, which certifies that both spouses have agreed to end the marriage.
Once all the paperwork has been submitted, there is a mandatory six-month waiting period before the dissolution is finalised. During this time, either spouse has the option to file a Notice of Revocation of Petition for Summary Dissolution if they change their mind. After the waiting period, the court will approve the summary dissolution, officially ending the marriage.
Garnishing Security Deposits: DC Renters' Rights Explained
You may want to see also
Explore related products
Annulment
California law permits a four-year period in which you can get a marriage annulled. If you have exceeded the time limit for an annulment, you would need to end the marriage using a different method: divorce or legal separation.
To get a declaration of nullity, you must demonstrate why your marriage was never legal. The burden of proof lies with the couple. Per California law, judges can only annul marriages for the following reasons:
- Incest: Close blood relatives can’t be married.
- Bigamy: One person can’t be married to two other people.
- One spouse was not 18 years old at the time of the marriage.
- Either spouse perpetrated a fraud to obtain the other party's consent to marriage.
Filing for annulment in California is similar to filing for a divorce or domestic partnership dissolution. The process includes filing a petition and summons, serving the other spouse, and attending a court hearing. Getting an annulment may also involve decisions on child custody and support if the partners have minor children together.
California family laws protect minor children’s well-being above all other matters and require that both parents support their underage children financially. When a child is born in a marriage, the father is automatically assumed to be the child’s legal parent. But if your marriage is annulled, its existence is technically erased, making the automatic paternity disappear. The courts must establish paternity before issuing child custody and support orders.
Because an annulled marriage has no validity, it's as though the children born of the "marriage" were born to single parents. After that, child support, visitation, and permanent custody can be decided too. But when it comes to paternity, California has several "presumptions of paternity" (meaning, very strong legal assumptions) that cover children from an annulled marriage and help establish that although the marriage may have been invalid, the former husband is in fact the father of the children. Thus, California law does not pose an insurmountable obstacle when it comes to paternity.
In most states, because an annulled marriage is legally viewed as never having been valid, courts can't award alimony or divide property or debts. Couples going through an annulment must separate their own property, including both assets and debts. The California community property laws that protect married couples will no longer protect you when your marriage is annulled. Similarly, neither party can receive spousal support or survivorship benefits, like inheritances and retirement interests, from the other.
Adapting Texts: English Law Adaptations Explored
You may want to see also
Explore related products
Division of assets
California is a "no-fault" divorce state, which means that neither spouse has to prove that the other did something wrong. The spouse asking for the divorce simply has to state that the couple cannot get along, which is legally called "irreconcilable differences." The grounds for divorce in California are these irreconcilable differences or incurable insanity.
California is a "community property" state, which means that state law grants both spouses equal ownership of all marital assets in a divorce unless the couple signed a contract agreeing to different terms. Community property laws mean neither spouse is entitled to a greater share of the joint assets even if they contributed more to the marriage financially. California law assumes that both spouses contribute equally to a marriage, and these contributions may not always be financial.
Only assets acquired after the wedding date are eligible for division. The property brought into the marriage remains separate and ineligible for division unless it is commingled with marital assets, and the origin of the funds cannot be traced. For example, if one spouse brought an investment account into the marriage, that account and any gains it accrued would remain separate property unless that partner invested marital funds in it. Inheritances are treated similarly. In most cases, they are considered separate property, even if they are received while a person is married. As long as an inheritance is kept separate from marital assets, it is not usually eligible for division in a divorce.
The date of separation is crucial to asset division. Income earned by either spouse after that date is separate property and ineligible for asset division, including salary, bonuses, and other employment compensation. Generally, what you or your spouse earned or the debts you took out after you married but before you separated are considered community property.
In the case of student debt, the spouse who takes out the loans is generally responsible for paying for them. An exception occurs when the community substantially benefits from the education, and the loan was taken out more than 10 years before the dissolution was filed. If community money is used to pay down a student loan, the spouse who didn't get the education can get reimbursed for their share of the community money spent on the other spouse's education.
Retirement plans and pension plans are also considered community property. If any money was earned during the marriage and put into these plans, you have the right to part of the money in that plan.
If the parties cannot reach an agreement on the division of assets, the court will make the final decisions.
Child Discipline: UK Laws on Corporal Punishment
You may want to see also
Explore related products
Child custody
To win a custody battle in California, it is imperative to prioritize the well-being of your child in every proceeding. Judges will make their decisions based on what they believe is in the child's best interests, and it is easy for parents to let their emotions take over and make mistakes during the process. Courts favour arrangements that allow both parents to be involved in the child's life, assuming it is safe and appropriate. Ignoring or belittling the other parent's role can backfire. Instead, highlight your strengths and contributions without diminishing the other parent, unless there are serious concerns about their fitness.
Custody battles can take anywhere from a few months to a couple of years, depending on the cooperation and complexity of the case. The average time to resolve a custody battle is 18 months. It is important to note that court hearings are commonly rescheduled, which can delay the process.
To prepare for a child custody battle in California, it is crucial to gather the necessary documents, secure credible witnesses, and develop a coherent argument. Engaging a seasoned attorney early on can help you avoid pitfalls and craft a strategic plan. Understanding your rights under California family law and leveraging them effectively is essential.
Understanding Supreme Court Powers: Striking Down Laws
You may want to see also
Frequently asked questions
The only two grounds for divorce in California are irreconcilable differences or incurable insanity.
To get divorced in California, either you or your spouse must have lived in California for at least six months and in your current California county for at least three months.
A summary dissolution is a simpler way to end a marriage or domestic partnership for couples who have been married for less than five years, have no children, and meet other requirements.
An annulment, or nullity of marriage, is when a court says that your marriage or domestic partnership is not legally valid. After an annulment, it is as if your marriage never happened.
