Divorce in California

Divorce, otherwise known as the dissolution of marriage, is the legal process in which a couple terminates their marital union or dissolves the bonds of matrimony between the couple. When you go through a divorce, you are, in effect, canceling your legal marital duties and responsibilities to your spouse. If you decide to go through a divorce from your spouse, there are many issues that you and your spouse must address. These issues can be difficult and complex. An experienced California divorce lawyer at Wallin & Klarich will explain to you in detail the various different issues that are addressed in a divorce, as well as advise you on whether divorce, legal separation, or an annulment would benefit you.

Residency Requirement

If you want to get a divorce in the State of California, either you or your spouse must have been a resident of California for at least six months. Once the divorce has been filed and served to your spouse, then you must wait at least six months for the divorce to be finalized.

Grounds for Divorce

The State of California has adopted the no-fault divorce system. This means that in California, you do not need to provide any allegations of fault to get a divorce. Normally, in California, when you file for a divorce, you can cite “irreconcilable differences” as the basis for the divorce. However, although fault is not a basis for a divorce, fault can still be used by the court to determine other issues, such as child custody or alimony.

(audio)What does no fault divorce mean in California

Division of Property

When you go through a divorce, you are, in effect, canceling your legal marital duties and responsibilities to your spouse.

California is a community property state. Thus, all property and debt that is acquired during marriage is considered community property and it will be shared equally between you and your spouse upon divorce. All other property and debt acquired before marriage, after divorce, or as a gift or inheritance is considered separate property. This means that separate property belongs only to you and your spouse will get no share upon divorce. The main issue in a divorce is which property is considered community property and separate property. An experienced divorce attorney can determine which asset or debt is community property or separate property.

Alimony

Alimony, otherwise known as spousal support, is paid by one divorcing or separating spouse (or domestic partner) to another. Alimony may be awarded on a temporary basis during the divorce, or the court can make alimony permanent. Spousal support payments may be changed to accommodate your or your spouse’s financial and personal changes. Thus, spousal support depends on your or your spouse’s marital circumstance.

Child Custody and Child Support

When you get a divorce, most California family courts will grant joint custody of the children to you and your spouse. But there are times when joint custody is not in the best interest of the child. Thus, in such situations, you may be granted sole custody over your children while your spouse will be granted visitation rights.

When it comes to child support, normally California family courts want you and your spouse to support your child after divorce. Thus, courts will look at the financial situation of you and your spouse to determine how much child support you or your spouse owes. The courts also look at whether you or the other parent spends more time with your child. If you spend more time with your child, you would owe less in child support.

California Divorce Lawyer

Divorces are usually difficult for a family. Thus, it is important to have an experienced California divorce lawyer to review your case and advise you on the best option for each complex divorce issue. Wallin & Klarich has handled divorces cases and other family law matters for more than 30 years. You can rely on Wallin & Klarich to attain the best possible result for your case.

If you are going through a divorce, it is essential that you get the assistance of an experienced divorce attorney from Wallin & Klarich. With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego,  Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you happen to live. To speak with an experienced California divorce lawyer about your case, please call us today at 888-749-0034 or visit www.wkfamilylaw.com to fill out the online consultation form.