Divorce or Dissolution
Divorce is legally termed "marital dissolution" in California. Either spouse can file for a dissolution proceeding provided that one spouse has lived in California for at least six months. The most common ground cited in California for a dissolution proceeding is "irreconcilable differences".
California is a "no fault" divorce state which means that either spouse can disolve the marriage at will and without having to prove which spouse caused the marriage to be unsuccessful. The court does not have to know what the irreconcilable differences are.
California is also a community property state which means that all property acquired during marriage as a result of labor or skills and debts incurred whether in state or out of state become equally-owned by each spouse. The law considers such property equally-owned even if just one spouse worked during the marriage and even if the property is in one spouse's name. Community property is divided equally unless you and your spouse decide to an unequal division.
SPOUSAL SUPPORT AND CHILD SUPPORT
Spousal support (alimony) should not be confused with child support.
Spousal support is the legal term for alimony in California. Spousal support is money paid to help support the other spouse after a dissolution has been filed. The amount of spousal support depends on the earning capacity of each spouse.
Child support is money paid to help support your children after a dissolution has been filed.
CUSTODY OF CHILDREN
If you have children you and your spouse will have to decide between "sole custody" and "joint custody." With joint custody both parents share decision making over important matters like medical care and education. With sole custody the responsibility for bringing up children resides with one parent.
WHY A LAWYER ?
A lawyer can assist you with preparation of a property settlement, differentiating community property from separate property and informing you how a court might divide such property. A lawyer can advise you on how to protect yourself when unexpected problems arise. A lawyer will also represent your interests before a judge presiding over a divorce proceeding.
To find a competent a divorce attorney you should always consult with people that you trust.
The California State Bar publishes a pamphlet entitled How Can I Find and Hire the Right Lawyer ?.
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The information contained on this internet site and its related links is not intended and should not be interpreted as legal advice, nor is it intended to indicate what the results will be in your case.
John Iaccarino, Attorney at Law does not seek to represent you based upon your visit or review of this internet site which may be considered advertising according to the rules of the California State Bar. You should not make a legal hiring decision based on promotional materials on the Internet or otherwise without first consulting people that you trust.