Understanding California divorce law basics can help you navigate the divorce process more smoothly. Divorce laws in California have similarities and differences from divorce laws in other states.
- Community Property: California’s community property laws require that assets and debts acquired during the marriage be split equally. This rule seems pretty basic, but issues related to commingling can complicate matters in some situations.
- For example, in the Jennifer Lopez and Ben Affleck case, Lopez paid for most of their shared home, and if she used her separate assets to pay for the home that could complicate the issue where the general rule is equal division of community property assets.
- Six-Month Waiting Period: California law requires a six-month waiting period before a divorce can be finalized. This waiting period starts once the non-filing spouse is served with the divorce papers. Even when the divorce is amicable and the couple quickly reach a settlement, the waiting period is still required.
- An example of this is the Britney Spears divorce where they settled but had to wait until the waiting period had expired.
- Spousal Support: In California, spousal support (or alimony) is awarded to help the lower-earning spouse maintain a lifestyle similar to what they had during the marriage. The court looks at factors like the marriage’s length and each spouse’s earning capacity.
- A Hollywood example of a spousal support request is how Artem, from Dancing with the Stars, requested spousal support in his divorce. As reported by NyPost.com, Artem Chigvintsev sought spousal support in his divorce from Nikki Garcia.
- No-Fault Divorce: California is a no-fault divorce state, meaning a spouse does not have to prove wrongdoing like infidelity or abuse to obtain a divorce. Citing “irreconcilable differences” is enough to dissolve the marriage.
- Child Custody and Support: California courts prioritize the best interests of the child when deciding custody arrangements. Child support is calculated using statewide guidelines that consider both parents’ incomes and the time each parent spends with the child. Courts encourage co-parenting, but if the parents cannot agree, the court will intervene to create a parenting plan.
- Simplified Divorce for Short Marriages: California offers a streamlined process called “summary dissolution” for couples who meet certain criteria, such as being married for less than five years, having no children, and holding limited property and debts. This process eliminates the need for a court hearing, making it faster and less expensive. However, if more complex financial or custody issues are involved, the traditional divorce process will be necessary.
- Retirement Accounts and Pensions: In addition to other property, retirement accounts and pensions are considered community property in California. This means that the portion of retirement benefits earned during the marriage is subject to division. Dividing these assets requires careful handling to avoid tax penalties, and typically involves obtaining a Qualified Domestic Relations Order (QDRO) to divide retirement accounts properly.
- Post-Divorce Modifications: Divorce agreements, including those about child custody, child support, and spousal support, are not necessarily set in stone. If there are significant changes in circumstances—such as job loss, remarriage, or relocation—either party can request a modification of the original order. Courts consider these changes to ensure that the agreement remains fair and reasonable for both parties.
Understanding these nuances of California divorce law can help you protect your interests. For more information, refer to the Self-help guide to California divorce, which offers valuable resources and guidance to navigate the process.
Consult an Experienced Family Law Attorney
At David Knecht Law, we have extensive experience with family in California. We are dedicated to supporting you through every step of your legal case. Whether you need legal advice on child custody, support, or any other family law issue, our team is here to help you create the best possible outcomes for your family. Contact us today at 707-451-4502 to learn more about how we can assist you.