California
Divorce Forms and Papers
Review the IMPORTANT State Requirements for Divorce in California
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California Residency Requirements For Divorce
The spouse filing for dissolution of marriage must be a resident for six months and reside for three months in the county in which he or she is filing. There is a six month waiting period after the service of process or the appearance by the other spouse before the court finalizes the dissolution of marriage.
Grounds For Divorce In California California recognizes both fault and no-fault grounds for divorce.
The Grounds for a California No Fault Divorce are:
- irreconcilable differences which have caused the irremediable breakdown of the marriage.
The Grounds for a California Fault Based Divorce are:
California Child Custody The mother and father of an unemancipated minor child are equally entitled to custody of the child. Custody may be granted jointly or individually without preference to either according to the best interests of the child.
In making a determination based on the best interests of the child the following are some of the factors that the court considers in a contested situation:
- health, safety and welfare of the child
- nature and amount of contact with both parent
California Child Support GuideLines
Child support guidelines were adopted by California in 1984. Net income of both parents in considered in the computation of child support. Credit may be given for certain child related expenses, mandatory retirement expenses, and other special circumstances. Child support is almost always paid by way of wage assignment.
Venue
An action for divorce may be brought in the county in which either the petitioner or respondent resided for the three months preceding the commencement of the proceeding..
Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
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