Ending a marriage is a major decision, and the process entails covering various issues from property division to child custody. The process will unfold differently for every couple, but it is vital for you to understand California divorce laws and how they will apply to your case. When you hire a divorce lawyer in California, you have a better chance of navigating your proceedings efficiently and reaching a positive conclusion to this difficult experience.
California Divorce Laws You Should Know
According to a 2022 study from US News, California had the seventh-lowest divorce rate that year, with 5.88 divorces per 1,000 married women in the state. Divorce is more than just terminating a marriage contract; it is also a formal process of dividing shared property, and if the couple has children, deciding child custody and parenting time. There are a few key California divorce laws everyone should understand as they enter this process.
No-Fault Divorce
You do not need to provide a specific reason when you file for divorce. Under California’s no-fault divorce rule, almost every divorce is filed for irreconcilable differences. As long as both you and your spouse agree that your marriage has broken down beyond the point of reconciliation and that further attempts to reconcile would not be in either of your interests, you can file for divorce as long as you meet California’s residency requirement.
It does not matter who files for divorce. Despite the common misconception that being the filing party offers some advantage in divorce proceedings, the reality is that this is untrue. The filing party does not appear as the victim in the eyes of the court, and both parties will be treated impartially throughout their divorce proceedings.
Community Property
Property division in a California divorce unfolds according to the community property law, meaning all shared assets and liabilities are subject to strict 50/50 division in divorce. Both spouses will need to submit complete and accurate financial disclosure statements to accurately define each party’s separate property and the community property that will be subject to division.
Financial disclosure is a required component of property division. Each spouse must provide these disclosures, and any attempt to hide assets can lead to civil and criminal penalties. Your California divorce attorney can help you compile all of the documentation you will need to submit to complete this element of your divorce.
Deciding Child Custody
California divorce laws typically require mediation for child custody determination. The mediation process enables the family to negotiate terms for child custody and support that meet the child’s needs and serve their interests. The court has a responsibility to ensure that any custody agreement reached in a divorce will meet the best interests of the children it will affect.
Modification
It is possible to modify a standing family court order in California. The court acknowledges the fact that life can present unpredictable challenges that may sometimes result in a standing court order being untenable. Relocation, a serious medical event, death in the family, job loss, or other major change for either divorced spouse could require them to return to family court to modify the terms of their agreement.
Ultimately, every divorce case in California will be subject to various California divorce laws, but every case will unfold differently. While it’s a good idea to familiarize yourself with the laws that are likely to apply to your case, it’s crucial to consult a California divorce attorney at your first opportunity. They can provide more focused guidance for the unique issues you are likely to face in your divorce.
FAQs
How Much of My Marital Property Will I Receive in a Divorce?
You will likely receive half of your marital property in a divorce, except under specific conditions. Under California’s community property law, each divorcing spouse is entitled to exactly half of all shared assets in a divorce. However, under certain conditions, such as one spouse attempting to hide assets from property division, one spouse may receive a larger share of marital assets at the discretion of the court.
What Property Must Be Divided in a California Divorce?
In a California divorce, all community property must be divided evenly. Community property typically includes anything purchased or acquired by either or both spouses during their marriage. Each spouse is allowed to keep separate property, such as inheritance from blood relatives, gifts given only to them, and certain property they owned prior to marriage. In some cases, separate property can transmute to community property and will be subject to division.
How Is Child Custody Resolved in a California Divorce?
In a California divorce, child custody is resolved by determining the best interests of the divorcing couple’s children. During custody mediation, the parents, their respective attorneys, and potentially the couple’s children (if they are deemed old enough and capable of participating) can negotiate a parenting plan and custody rules that suit the children’s needs and interests. This agreement can be modified in the future as necessary.
Why Should I Hire a Divorce Lawyer?
You should hire a divorce lawyer because this process is likely to be more challenging than you expect. Divorce is also an emotionally draining experience, and it can be difficult to remain focused on practical and financial matters when tensions run high. Your attorney can help you complete your procedural requirements, gather all records necessary for financial disclosure, and help you make the strongest case possible for child custody.
What Does It Cost to Hire a Divorce Lawyer?
The cost to hire a divorce lawyer varies based on the attorney’s billing policy and the specific details of your case. Most family law attorneys in California charge their clients an hourly rate, so the longer they spend working on a case, the more it costs the client. Always verify a prospective attorney’s billing policy before agreeing to their representation, so you know what to expect.
The team at Kramer & Zitser, LLP, has more than 50 combined years of experience handling some of the most challenging divorce cases in California. We can help you understand California divorce laws as they apply to your specific case and guide you through these difficult proceedings efficiently. Contact us today to schedule a consultation with a California divorce attorney and learn how we can assist with your case.
