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You are here: Library >> Divorce / Separation >> California Divorce Laws
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California Divorce Laws

Divorce Law Basics in the State of California

Also See: California Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
FAQ: Is property that I acquired during a separation considered to be marital property?: Frequently Asked Questions About Separation and Divorce
Types of Separation: Understanding Your Options When You Decide to Split Up
Separation Agreements: How To Draft Your Own Agreement of Separation
FAQ: What's the difference between a divorce and a legal separation?: Frequently Asked Questions About Divorce and Separation
Book Review: Taking Space: How to Use Separation to Explore the Future of Your Relationship
Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets
Book Review: Building A Parenting Agreement That Works: How to Put Your Kids First When Your Marriage Doesn't Last
Book Review: Your Right to Child Custody, Visitation and Support: The Easy Guide to Custody, Support and Visitation Rights
FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment

Statute: California State Divorce Code (Sections: 297, 298, 2320 & 2339)  

No-Fault Grounds:

  • Irreconcilable differences /Irretrievable breakdown
  • Incurable insanity (requires proof)

At-Fault Grounds: California does not consider fault in divorce

Residency:  Either party must be a resident six months in the state and three months in the county prior to filing.

Legal Separation Recognized? Yes   

Property Distribution : California is a community property state. Parties may modify the distribution by separate agreement; otherwise, the court will distribute the property equally.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge. Separate property is not considered in alimony awards.


  Tags : california, divorce, divorce laws, no-fault / at-fault divorce, property distribution, alimony, marriage
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