Divorce Guide

Divorce Guide


California Divorce Custody


California is considered to be one of the major states of the United States of America. The party filing the case of divorce in California should be a resident of California for at least six months. It is the superior court in the state of California which has the jurisdiction of deciding on the merit of the case.

Dissolution of marriage in California which also means the legal separation can be based on following two grounds. There may be irreconcilable differences between the spouses and the differences are such that the breakdown of the marriage is inevitable. Any one of the spouses may charge the other of the proof of insanity.

The California Family Code describes that the family conciliation court holds the jurisdiction over the parties and all the persons who have any relation to the case. The state of California follows the principle of community property. The principle of community property means that the property earned by any person during the marital relationship and while residing in the state of California would be considered a community property. Hence the court generally divides the property equally between the two parties.

The separate property on the other hand is the property owned by a married person before marriage. After the divorce the court takes due recognition of the fact and matter of spousal support. The laws of California study the period of marriage and the support given by each spouse in detail. If one of the spouses has contributed financially during the period of marriage and the other spouse has stayed unemployed because of the family responsibilities, it would mean that the spouse who has remained unemployed has affected his/her future earning capacities. Hence the divorce law of California is relatively concrete and considers the balance of hardship experienced by either of the spouses.

Child custody is the issue which is considered to be very important by the divorce law of California. The custody of the child may be given to either of the parents. The determination as to who will be given the custody of the child however, is based on several factors. The welfare, safety and health of the child are given maximum importance. Also if any one of the parents has a history of child abuse may find it difficult to get the custody of the child after the divorce. The habitual use of alcohol by either of the parents makes it impossible for the respective spouse to get a chance of the custody of the child.

Spouse support is also discussed in detail in any case of divorce in California. The court may at its discretion restore the former name or the birth name of the spouse if the spouse requests the court for the same.


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