Laws Governing Divorce in California

California regulations attempt to lessen the burden of divorce.

California considers a married couple a single unit. The division of this marital unit can involve several decisions and considerations. Accordingly, California provides regulations to guide divorce proceedings. These laws are the state's attempt to provide residents a predictable and equitable divorce determination.

Residency

California will not grant a divorce to a nonresident couple.

California will not grant a divorce if neither of the parties is a resident of the state. At least one member of the couple must have resided in California for at least six months. In addition, the person must have resided in the county where the divorce was filed for at least three months. A couple who does not meet the residency requirement can wait until either member has established residency and then petition for divorce again.

California will not recognize a divorce obtained outside the state if the couple lived in California at the time of the divorce. If the couple lived in California within 12 months before the divorce and 18 months after the divorce, California law presumes the couple lived in the state at the time of the divorce.

Divorce Grounds

An unsalvageable marriage may warrant a divorce.

California law provides two grounds for divorce, irreconcilable differences or incurable insanity. The court decides whether issues asserted by the couple amount to irreconcilable differences. An irreconcilable difference must provide the court a substantial reason for dissolving the marriage.

In order to receive a divorce on the grounds of incurable insanity, there must exist proof that the spouse is incurably insane. Proof can include the testimony of a medical professional. An incurably insane spouse is still entitled to spousal support.

If the judge determines there exists a reasonable possibility for reconciliation, he can hold the divorce proceeding for up to 30 days. After this period, if there is no possibility of reconciliation, either party can move for divorce.

Division of Property

Community property can include homes, cars and financial accounts.

California law presumes any property acquired jointly during the course of the marriage as community property and, accordingly, divisible between both spouses.

There are two ways to overcome this presumption. The first possibility is where the deed or title must include a clear statement that the property was acquired as separate property. If this is not an option, proof of a written agreement between the parties that the property was separate can also suffice.

The judge typically divides community property equally between both spouses. However, California law does establish circumstances where unequal division is permitted. If there are economic differences between the spouses, a judge can divide community property in a manner that accounts for this difference.

Additionally, if the judge can divide property unequally if she determines one of the spouses deliberately withheld property from the other.

Division of Debt

Marital debts are the responsibilty of both spouses even upon divorce.

Debts incurred during the marriage, for the benefit of the marriage, are also divided between the couple in a divorce. Any debts acquired before or after the marriage that were not for its benefit are the responsibility of the spouse that incurred them.

Debts incurred by either spouse during the divorce proceedings are also subject to division. If the debt was for a life necessity for the spouse or any children, it is subject to division.

A judge can take into account each spouses ability to pay in assigning debt responsibility.

References

• California Law: California Family Code