Kern, CA- Is your marriage not working out? Do you and your spouse argue? Are you considering divorce? If you are thinking about filing for a divorce in Kern, Californian, there are things you need to know about the process and knowing those things can make divorce process less intimidating. That is why USAttorneys’ team of divorce lawyers wanted to discuss some of the basics of filing for divorce in the Golden State.
To file for divorce in California, the petitioners must meet the state’s residency requirements, which states that at least one spouse lived in the state for at least six months before filing their petition. Additionally, you must be a resident of the Kern County or any other county, for at least thirty days before filing.
California is among the many states that are no-fault divorce states. That means a couple does not have to show wrongdoing on their spouse’s behalf to get a divorce. In a no-fault, all a couple is required to show is that their marriage is broken and they will not be able to reconcile. Therefore, they have “irreconcilable differences.”
Your divorce petition should include what you are asking for in regards to child custody and support, alimony and asset and property division. Once your spouse receives your divorce petition, they will be given an opportunity to respond to your demands, and that response will set the tone of their divorce. In some cases, both spouses agree to the terms and a divorce will be granted swiftly, if they don’t agree, the couple will have to begin negotiating with one another.
When it comes to asset and property division, California is an equitable division state, so asset, debts, property and any valuables must be divided equitably. That doesn’t mean 50/50; it means assets and property are divided based on each spouse’s contributions to the marriage, their incomes, the length of their marriages and the value of the property being divided. If a couple cannot agree on how to divide their assets, a judge will do it for them which means they have less control over the outcome.
Child custody can be divisive, but a child custody lawyer can make a couple of work through these issues and come up with an agreeable custody arrangement. If a couple has children and they cannot agree on child custody arrangements, they will need to the courts to help them decide. Joint custody arrangements are preferable to the courts, but the courts are required to make a decision based on the best interest of a child.Kern divorce attorney will help you and your spouse resolve contentious divorce issues.
Some spouses are eligible for spousal support, and since California is home to many millionaires (and a few billionaires), so the laws regarding alimony are pretty rigid. Several factors including the standard of living a spouse enjoyed in the marriage, the income of each spouse, the duration of a couple’s marriage and their age and physical health. If a couple’s marriage lasted less than ten years, a spouse might be awarded alimony to be paid half as long as the marriage lasted. So, if a couple was married for six years, alimony would only have to be paid for three years. If the marriage lasted 10 or more years, alimony might be awarded long-term.
Those are just a few basics of filing for divorce in California, but the process itself is not basic. USAttorneys recommends you speak with a divorce lawyer in Kern, California to explain the process and help guide you through it.