Divorce in California is no-fault. This means that if you want a divorce you can obtain one. You do not have to have a cause or fault such as other states require. Other states require proving adultery, abandonment, cruelty etc. In California you merely have to check a box stating ) that there are irreconcilable differences.
Custody and visitation in California is determined on what is in the best interests of the children. A goal of the law in California is frequent and continuous contact with both parents. Child support in California is based on a guideline. The main factors in determining child support are each parent's income and the percentage of time share each parent has with the children. Temporary spousal support is generally based on a guideline also. Spousal support after temporary support is based on a number of factors in the Family Code. In a short-term marriage which is defined as a marriage under 10 years, spousal support will usually be for one half the length of the marriage. A number of factors are considered in determining spousal support in a long-term marriage which is a marriage over 10 years. You should call for a free consultation to obtain further information.
Regarding community property and community debt, California courts are required to order a net equal division If they are required to rule on the issue. Husbands and wives can make an agreement for an unequal division of community property and debt if they so desire.
Regarding attorneys fees, you may be able to obtain an order that the other party pay your attorneys fees. This will depend on financial factors in your case.
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Don Starks, Esq.
Certified Family Law Specialist
The State Bar of California
Board of Legal Specialization
5353 Mission Center Road, Ste. 202
San Diego, CA 92108