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·Home >> Divorce Law of America Canada and Australia

California Divorce Laws
Add Date:2009-1-13      
California has following divorce laws:
 
Residency
Documents Required to File Divorce
Distribution of Property
Change of Name or Restoration of Name
Mediation Counseling
Alimony
Child Custody
Child Support
 
Residency
According to California divorce laws, being a resident of California for about six months is prerequisite for filing the divorce case. Else the case will be dismissed. Moreover, it is allowed that either party can file for a divorce even if the other party is not agreeing for the action.
Documents required filing divorce
Under California divorce laws, the major documents that are needed for filing a divorce case are:
Appearance
Stipulations
Waivers
Preliminary Declaration of Disclosure
Declaration Re Service of Declaration of Disclosure
Income and Expense Statement
Marital Settlement Agreement
Declaration for Default or Uncontested Dissolution of Marriage
Distribution of Property
As California divorce laws promote equitable distribution of property, the marital property is divided in equal halves. In case of economic circumstances warrant, the judge court may award an asset of the community estate to one party depending on the conditions.
Change of Name or Restoration of Name
Both the spouses can revert back to their pre-marriage names, when the case is desolated.
Mediation Counseling
According to the California divorce laws, mediation counseling is not mandatory but optional. Mediators do counseling sessions to make either of the spouses rethink their divorce decision.
Alimony
In California divorce laws, alimony calculation is based on a complicated mathematical formula. If there raises negotiation over the terms of dissolution, concessions on alimony may be made. The reason behind is to protect spouses against confiscation of investments made in the marriage.
Child Custody
In California State the child custody is mostly granted to mother. Because the percentage of times the mother receives custody has been anticipated diversely from a low of 80 percent to a high of 95 percent.
Child Support
According to California divorce laws, mother usually gets child support and maintenance payments if her ex-husband has an ongoing relationship with his children. She may also consider it right that the children can visit their father.

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