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Family Law - Dissolution of Marriage
California implements the No Fault Divorce concept.
In California,
a dissolution of marriage (divorce) may be granted if the court finds that
there has been an irrevocable breakdown of the marriage. Thus, neither party needs to prove who was at
fault for the breakdown. If either party
asserts ¡°irreconcilable differences¡± have led to the marital breakup, even if
the other spouse disagrees and does not want a divorce, the court may still
grant the dissolution.
The
marital status cannot be terminated until six months have passed since the Respondent
was served with the Summons and Petition.
Child Custody and Visitation
California
Family Courts divide child custody into two separate and distinct aspects. Legal custody affects a parent¡¯s rights to
make decisions concerning the child¡¯s health, education, religion, and other
important aspects to the child¡¯s upbringing.
Physical custody determines where the child actually lives: typically
one parent will be granted primary physical custody and the other parent will
be awarded visitation.
Child Support
The California Legislature has enacted
the Minimum Child Support Standards Act.
The law establishes minimum levels of child support. Child support is calculated by taking into account
the net monthly income of each parent and the custody/visitation time
split. Using these numbers the court can
come up with the minimum amount of support required.
Child support is paid until the child
becomes 18. However, if the child has
not graduated from high school, support continues until the child has graduated
high school or becomes 19, which ever occurs first.
Community
Property
California law creates a presumption that any asset
acquired during marriage is community property.
The term community property means that each spouse has a 50% ownership
interest in that property.
It is often important to distinguish whether property
in question is community property and must be equally divided, or is separate
property and its ownership can be traced to a specific spouse. Often the process used to distinguish between
community and separate property can be quite complicated and the use of
forensic accounts may be required to untangle property rights.
Spousal
Support
Spousal support in California allows the lower earning spouse
to maintain the standard of living he/she had during marriage. Temporary spousal support may begin shortly
after the divorce is filed and lasts until time of trial. Temporary support is based on a computer
program in California family courts.
Under California spousal support law, support may be a lifetime thing for long marriages.
Permanent spousal support depends on the length of the marriage, the age of the
supported spouse, the earning capacity and actual earnings of the supporting
spouse, and several other factors.
Spousal support is usually payable for one half the duration of a short
marriage under California spousal support law.
Dependency Court
Dependency
Court is a distinct and separate body from the typical family court. A juvenile dependency case may be initiated
if the county feels that the child is living in a situation that is not
beneficial to the child. If the child
becomes a "dependent of the court," the court will make orders for
the parents, the child, and the social worker. The court makes these orders to
protect your child, and may order that the child be removed from the parents
and be placed into foster care.
Due to
the urgency involved in child safety matters, juvenile court will typically
move much faster than your regular family court and it is important to seek
counsel quickly so that parental rights are protected.
<Links>
California Courts (http://www.courtinfo.ca.gov/courts/trial/)
California DCSS Child Support
Handbook (www.childsup.cahwnet.gov)
Center for Families, Children,
& the Courts (http://www.courtinfo.ca.gov/programs/cfcc/resources/publications/pubinfo.htm)
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