Divorce laws in California place great emphasis on protecting both parties involved, with consideration given to property division, spousal support payments and child custody arrangements that ensure fairness for both sides.
State law permits couples in Kansas to end their marriage without accusing each other of any misconduct; however, irreconcilable differences must be stated as grounds for separation in order for this option to work effectively.
No-fault divorce
California has adopted a no-fault divorce law, meaning spouses don’t need to accuse each other of any wrongdoing in order to divorce. This has made the process less burdensome and ensured a more fair and equitable outcome for all involved parties involved in the process. Divorce proceedings can be complex so seeking legal advice is highly recommended in order to navigate it successfully.
Fault can still play an influential role in certain cases, such as domestic violence and adultery, but courts generally won’t consider these issues when making child custody decisions; instead they will focus on what would best serve the interests of children in making these decisions.
California also allows couples to file for simplified divorces, which tend to be cheaper and faster. However, this process requires them to reach agreement on all issues surrounding the dissolution of their marriage – such as shared custody arrangements, spousal support obligations and property division.
Property division
One of the greatest difficulties associated with divorce is determining which property each party should receive, an often complex process if there are significant disparate financial assets between partners. California law recognizes this aspect of a settlement agreement as well as providing spousal support, commonly referred to as alimony payments to help maintain standard of living during separation or divorce proceedings.
California is unique among states in that both spouses own equal share of any assets accumulated during a marriage – from real estate and personal belongings to loans and credit cards.
Before a court can divide assets and debts, they must first identify all the property owned by both spouses. This step of the divorce process may require hiring investigators or issuing subpoenas; it will help identify hidden assets which could further complicate proceedings.
Spousal support
Spousal support (or “alimony”) plays a central role in California divorce proceedings. Its purpose is to help a lower-earning spouse maintain an equivalent standard of living experienced during marriage; awards of spousal support may occur either before, during, or after divorce proceedings when there is an obvious income disparity between partners.
Long-term spousal support is typically calculated through a comprehensive assessment of 14 key factors. This evaluation takes into account both spouses’ current financial situations and future earning potential; its goal being to facilitate a financially sustainable transition for the lower-earning spouse while still acknowledging his or her contribution to the relationship by way of higher earnings.
If either spouse wishes to modify spousal support payments, they must file a request with the court and wait up to 90 days for an official hearing date to be scheduled. While waiting, both must present proof of cohabitation via social media platforms like Instagram or witness testimony or documentary evidence.
Child custody
California courts strive to protect the interests of children during divorce proceedings by assuring each receives adequate financial support and remains in a stable environment. They also ensure continued contact between both parents via visitation arrangements; typically this arrangement involves sole physical custody with shared legal custody arrangements.
The judge overseeing this case will carefully consider all relevant factors, such as each parent’s relationship with their child, how much time each has spent caring for him/her, any instances of parental alienation and any instances where one parent might be more nurturing or encouraging independence, etc. Additionally, they may award sole custody to one of them.
If a couple is having difficulty agreeing on the terms of their divorce, mediation can help them reach an acceptable compromise regarding property division, spousal support and child custody that saves both time and money.