Business and Law Opinion
All You Need to Know About Divorce Laws in California
US divorce laws are complicated, however, they vary from state to state. It shed light on how the assets must be distributed between ex-husband and ex-wife. When it comes to getting a divorce in California, the financial settlement is very different from other states.
Family laws are complex, especially the area of divorce. Filing for divorce in California can be complicated for many individuals who do not seek assistance of legal professionals. Nevertheless, here is all you need to know about it.
The concept of common law marriage doesn’t exist in California. A couple is not married until and unless a license has been obtained and a legal relationship is established. Consequently, legal divorce cannot be obtained until and unless a legal marriage is proved, despite of how much time the couple has spent together.
Furthermore, a concept of no-fault exists in California. This means that one cannot argue for a divorce based on another person’s fault. However, fault is not of irrelevance completely. Certain factors may be taken into account by the court. For instance, if the spouse has abandoned the family after commission of adultery or there was presence of domestic violence, courts may take into account these series of event.
When it comes to custody of children, it is presumed that in order to maintain their mental health, they must remain in contact with both the parents. Sometimes, joint custody arrangements are managed by the courts. Keeping in mind the child’s best interests, details of parenting plans will be determined. Normally, a parenting plan is approved if father and the mother, both, consents on it. If there is a conflict, mediation sessions will be conducted in order to reach a mutual decision.
A community property system is implemented in the state of California. This means that the debts and properties acquired during marriage are divided equally between father and mother. But it excludes separate properties of spouse which may consist of gifts and inheritances.
Statistics of divorce
Studies have suggested that divorce rate in California is at its peak. The current rate stands at 60% which higher than the national average. It has been revealed that 41% of the first marriages end in divorce. For second and third marriages, 60% and 73% of nuptial relationships end in divorce.
Furthermore, here are some reasons why divorce has now become a norm in California:
- Financial difficulties between the couple. Spouse frequently feels that the other is spending money in a foolish manner, resulting in divorce.
- An addictive element is present in the relation. Addicted spouse uses addiction as a medium to cope up with real life difficulties.
- An extramarital affair is established by one of the spouse, infidelity being one of the prominent reasons.
- An unhappy relation is prolonged just for the sake of the child.
These reasons have been aggravated in the recent time. However, it is not an exhaustive list with multiple other problems prevailing the society.