When it comes to divorce, California is a “no fault” state. In other words, one is able to end his or her marriage simply based upon the stated inability to continue with the marital relationship. In this case, the individual states “irreconcilable differences” as the legal grounds for the divorce. Though there are other obvious grounds for terminating a marriage, “irreconcilable differences” are stated in virtually all California divorce cases.
Child support becomes an issue for couples that have minor children. Whether the parents are dealing with a divorce action (dissolution of their marriage) or a paternity case (issues surrounding unmarried adults with children), child support is an issue that requires expert legal guidance. .
Child Custody & Visitation
If there are minor children involved during divorce (dissolution of their marriage) or paternity (issues surrounding unmarried adults with children) cases, it is necessary to obtain orders for child custody and visitation.
Child custody and visitation is divided into two areas: Legal Custody and Physical Custody.
In the State of California, the court has the authority to order spousal support payable by one party to the other. Spousal support, also known as alimony or marital support, is based upon several factors established in the California Family Code. Unlike child support, spousal support is not determined by a state-developed formula. However, the court uses criteria set forth in the Family Code to determine whether the issue of spousal support is relevant and the amount of spousal support that would be appropriate.
Division of Assets and Debts
During family law litigation proceedings, most cases involve community assets and debts that must be divided by the courts. “Community” refers to the assets and debts that were acquired during the marriage and fall under the responsibility of both parties.
In California, when the court sets a trial date, it also sets a Mandatory Settlement Conference, where the parties must specifically set forth their issues of contention and the amount of court time they believe will be necessary to have a trial on those issues. The Mandatory Settlement Conference generally occurs approximately two weeks to one month prior to trial.