Tuesday 24 July 2012

Understanding the Basics of Divorce Law

Divorce Laws in California
At times relationships do not work, couples find it difficult to make their marriage work and opt for a divorce. The couples ending their marriage may feel emotionally and financial stressed, but they need to keep sometime aside to get information about the divorce laws. In the United States, the laws related to divorce vary in every state. Hence, the couples filing their papers in California need to get information about California divorce laws.

The basics of divorce laws are as follows
  • Residency requirement: The divorcing partners should have stayed in the state for a certain period of time, so that they can file papers in the state. In California, one of the divorcing partners should be the resident of the state for at least six months before the filing of papers. It is vital to abide by the rules, so that the proceedings of the case are not extended.

  • Grounds for divorce: The grounds can fault or no-fault. The two acceptable divorce grounds in this state are irreconcilable differences that have cause breakage of the marriage and incurable insanity.

  • Mediation and counseling: Mediation proves helpful for the couple to sort out legal issues before proceeding with the divorce. The issues related to child support, child custody, spousal support, property division, debt division etc. can be sorted by the couple. It helps to process the case faster and helps save money and time spend during the case trials. If the divorcing partners have children, they might need counseling to deal with their parent's divorce. The court order to provide counseling to such children.

    Divorce Law Book
  • Alimony: It is also known as spousal support. The divorcing partner who needs financial support from the other partner can ask for alimony. The court considers several factors before estimating the alimony that would be granted to the needy spouse. The financial states of the divorcing partners and the amount of efforts taken by the partners to make the marriage work are considered by the court.

  • Property distribution: As California is a community property state, all the marital property is divided equally between the spouses. There can be exception to these laws, if the divorcing partner provides a written legal proof for property ownership or division. The property owned by the spouse before marriage or gained through gifts would not be divided between the spouses.

The divorcing partners can get details about basic divorce laws from state bar council. In case of contested divorce, it would be recommended to get advice for divorce from the divorce lawyers.