California Divorce

According to the state legislature, "it is the policy of the State of California to marshal, preserve, and protect community and quasi-community assets and liabilities that exist at the date of separation so as to avoid dissipation of the community estate before distribution." With this policy in mind, California divorce laws attempt to achieve sufficient child & spousal support awards, and fair divisions of community property. Unofficially, California divorce laws are intentionally designed to provide numerous opportunities for reconciliation and the preservation of marriages. Nevertheless, should either party remain clear in a demand for divorce, the requirement of "irreconcilable differences" seldom prevents dissolution.

Statistically, support payments and property division are the two most likely issues to result in litigation. California divorce laws pertaining to these two issues are complex, and impose stringent disclosure requirements on all parties. The courts protect the interest of minor children first, then encourage parties to resolve differences without court involvement in the interest of judicial economy. Through compromise settlement agreements, most contested cases resolve before trial with court approval.

California Divorce Resources

The Family Code requires, as stated in section 2406(a), "each superior court shall make available a brochure, the contents and form of which shall be prescribed by the Judicial Council, describing the requirements, nature, and effect of proceedings under this chapter. The brochure shall be printed and distributed by the Judicial Council in both English and Spanish." By contacting any superior court, parties may obtain current requirements for a California divorce, free divorce templates, and information regarding disability & divorce. Information is provided without charge.

The easiest way to obtain a legally sound, binding California divorce is through the "Summary Disposition" process. These proceedings do not assign fault and must be truly uncontested. By merely filing a joint petition and waiting 6 months, either party may then apply for the issuance of an order of dissolution. Qualifying for summary disposition is limited. For example, if debts incurred during the marriage exceed $4,000, or either party own an interest in real estate, or either party has over $25,000 in equity in assets, the summary disposition process is not available. All other cases must proceed under general requirements.

© California Divorce Tips, Inc.