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
2 Comments
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
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?