Divorce is both a mental and legal strain. In California, if you are going through this troublesome phase in your life, here are the rules of California Divorce law that you should know. California divorce laws are generated by the California Family Code. The California Family Code is one of the 29 legal codes that form all statutory laws in California.
Under the Family Code, there are three main ways to end a marriage in the state. These are divorce, annulment and legal separation. California, being a “no fault” state allows a divorce case to be filed, even if the other partner is not evidently guilty of a wrong doing.
We have gathered some of the major questions and issues that revolve around a divorce case in California.
California is a community property state. This means that any property acquired by either of the partners in a marriage belongs to both. But any property that was possessed before marriage or after the official separation date will solely be inherited by the specific person.
The same applies for debt. It is a share of both. However during the division of assets, there may be an exchange. One of them can take over the debt in exchange for other concessions. In case of excess debt, court may assign the greater proportion of the debt to the person financially better off so that it can paid off.
Division of assets
Emphasis is on an equal and fair share of assets between the divorcing spouses. California divorce law allows a negotiation between them regarding some assets. But for some, the ruling of the court is relied upon. Besides real property, assets division also includes financial holdings.
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As per California law, the property inherited by one spouse during marriage is not subject to community utility.
Spousal support in California
Though this is not mandatory in California, some factors determine how long shall one spouse pay to the other divorced partner. Some of these factors are length of marriage, earning capacity of each spouse, age and health of both spouses, etc.
Hopefully now you have some idea about the divorce laws in California. For the official documentation of divorce forms, an expert LDA’s help always proves to be beneficial.