Mira Mesa Family Law Lawyer – Hire The Right Divorce Mediation Law Firm That Will Advocate For Your Best Interest in Child Support, Child Custody/Visitation Rights, Spousal Support/Alimony, & Asset Division During Marriage Dissolution Matters
A party who files a divorce must be a resident of California for six months. The party must also have resided in the country in which the divorce proceedings are instituted for three months or more. Where both parties agree on the issues concerning dissolving their marriage, divorce can come to an end in six months from the date petition is served. However, this is not always the case since in more-acrimonious divorces, the procedure can take a very long time. This leads to emotional and financial frustrations.
According to section 2310 of California Family Code, legal separation or dissolution of marriage is based on two grounds. First, parties in a marriage must prove that that they have irreconcilable differences which as result have triggered the irremediable breakdown. Incurable insanity is another ground for divorce. This ground is allowed by the court of law upon proof by either party.
Issues Determined during Divorce Proceedings
During the divorce proceedings, the welfare of a spouse’s child or parent may be affected. In such instances, the family conciliation court has power to determine the issues affecting children and parents. This power is exercised by the court in pursuant to section 1830 of California Family Code in.
California is a state of community property. All property that is acquired by parties in marriage is a community property unless a statute provides otherwise. Where there is no written agreement between the parties in a marriage, the court divides the community property equally between the parties. Separate property is distinct from community property. Separate property includes all property that is owned by either of the parties before marriage and any property acquired during marriage as bequest, gift, descent or device.
There are various circumstances that the court considers in deciding on spousal support. First, the courts look at living standard that existed during the marriage. Second, the court considers the supported party contribution in educating or training the supporting party during marriage. Finally, the court pays attention to supporting party’s ability, each party needs, marriage duration, age and health of the parties, each party separate property and each part ability to gain employment.
After the dissolution of marriage, either party may request the court to restore his or her former name before marriage. Custody of the child may be given to either parent. The court is always careful in awarding custody and it exercises this power in the interest of the child. These interests are welfare of the child, safety and health.