California Divorce Laws 4

Divorce Law Basics in the State of California

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. See: Spousal Support Factors in California

Also See:

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Discussion

  • jamie messinger

    just getting divorced 2 young kids i made 40,000 last year she made 24,000 day care is 600.00 a month medical for all off us is in her name about 300.00 a month, no house payment she is the petitioner,they have me paying 1,100 a month do you think that is the right amount. please awnser i sign tomorrow

  • Nancy Ompa

    I was married for in 1989 for 6yr and 2 months, legally seperated for 1 yr and then officially my marriage was biforcated in approx 1997. The dissulution was September 1, 2006. Will I still be able to collect Social Security through him?

  • Gee

    In calif..can I sue my moral less brother for haveing affair with my wife for five years and killed our marraige?

  • Don

    Can properties be bifurcated to avoid payments by the other spouse?