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

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