Family Law
In California, what are the legal grounds for getting a divorce?
In California, consent is not needed for a dissolution of marriage action, therefore, so long as the Petitioner (the party filing for a divorce) meets the residency requirements, the filing party may seek a dissolution of marriage based on irreconcilable differences (the most common reason) or permanent legal incapacity to make decisions; nullity of void marriage based on incest or bigamy; and nullity of voidable marriage based on Petitioner’s age at the time of registration, prior existing marriage, unsound mind, fraud, force, or physical incapacity.
Is there a six month waiting period to finalize the divorce?
Yes, in California there is a mandatory “cooling off” period meaning that a dissolution of marriage cannot be finalized sooner than six months and one day from the date Respondent is served with the Petition for Dissolution and accompanying Summons.
How are assets and debts divided in a divorce in California?
Absent a valid premarital or postmarital agreement, in California assets and debts that were acquired during the marriage are divided pursuant to the applicable community property laws. There are some exceptions to this for gifts, inheritances, and transmutations.
How is custody of children determined?
In California, parents may come to an agreement on their own regarding how to share custody (both legal and physical) of the child(ren). In the event that the parents cannot reach an agreement regarding custody and visitation, the court will make a determination based on the “best interests” of the child(ren). California courts do not have a presumption favoring mothers or fathers. The law calls for frequent and continuing contact with both parents unless there are identified safety issues.
What are premarital agreements and postmarital agreements?
A Premarital Agreement is a written agreement entered into by two people in contemplation of marriage and prior to legally marrying. The purpose of a Premarital Agreement is to predetermine how assets/debts are allocated and support is paid or waived in the event of a divorce. It is important to follow all of the laws related to Premarital Agreements.
A Postmarital Agreement is a written agreement entered into by two people who are already married. The purpose of a Postmarital Agreement is to determine how assets/debts are allocated and support is paid in the event of a divorce. The parties should not be contemplating a divorce when they enter into a postmarital agreement.
The information contained in the FAQ section above is informational only, and the reader should consult with a licensed attorney such as Kamand Kompanian regarding the information provided above.
