Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both divorcing spouses live. The process for getting a divorce and acceptable grounds for divorce vary from state to state.
In California, the law requires a minimum of six months to elapse before a judgment is filed, however, the reality is that the dissolution process often takes longer, depending on a variety of factors. There are also residency requirements at the state and county level that vary depending on how you are filing. It is important to ensure you satisfy the jurisdictional requirements to properly file your matter. We will discuss your options for filing during the initial consultation.
California divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title. In most cases, community property will be divided 50/50 between the spouses. Other factors may be taken into account by the judge when determining the fair division of certain assets.
In California, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property.
Nonmarital property, or property acquired prior to the marriage or property acquired by one spouse during the marriage not included in the marital estate will be returned to the party who owned it prior to the marriage.
Useful information for simple divorce cases can be found at the California Courts web site at Divorce in California | California Courts | Self Help Guide