Mountain View, California Divorces

The state of California doesn’t assign fault to either party in the case of a divorce. Instead, Mountain View spouses file for divorce under the umbrella of “irreconcilable differences.” This essentially means that you cannot get along. As a result, California courts don’t punish either party for behavior during the marriage during the divorce process.

California is a “community property” state. That means that both parties are entitled to an equal share of the marital assets after a divorce. Since California is a “no fault” state, the reason for a divorce doesn’t change the amount that the court will award either party.

To obtain a divorce in California, you must submit to a six-month waiting period after filing the initial papers. This waiting period prevents either party from remarrying or filing taxes separately.

Only California residents may file for divorce in the state. At least one spouse must live in the state for a minimum of six months, and the divorce must be filed in the country in which they have lived for at least the previous three months. If both spouses live in the state, divorce can be filed in the home county of either party.

California Spousal Support

Spousal support is a court-ordered payment by a higher-income spouse to their former partner. It’s intended to help the lower-income partner support themselves in the lifestyle to which they’ve become accustomed.

California can order two primary types of spousal support, or alimony. First, temporary alimony is a short-term order that requires the spouse with a higher income to support their partner after they separate but before the divorce is finalized. In some cases, temporary alimony may become permanent when the divorce becomes official.

The second type of alimony in California is permanent alimony. It has a misleading name since it is rarely genuinely permanent. This type of alimony is paid by the higher-income spouse to their ex-partner for a period after the divorce is official.

In general, permanent alimony lasts half the length of the marriage. However, for long-term marriages of more than ten years, judges may use their discretion regarding the length of the payment schedule.

Child Custody in California

California determines child custody based on the best interests of the child in question. The goal is to minimize the change to the child’s lifestyle while ensuring their welfare. Courts consider several factors when deciding child custody, including:

Courts base child custody decisions on the child’s best interests and the custodial parent’s ability to care for the child. Along with the best interests and the custodial parent’s ability to care for the child, the court considers the following factors:

• The ability of both parents to care for a child;
• The emotional bonds between the child and each parent;
• The child’s age;
• The child’s health;
• Any history of substance abuse or violence in the family; and
• The child’s attachment to their current school and community.

The court will award two types of child custody: physical custody and legal custody. Physical custody determines where the child will live, and it can be split to allow the child to spend time with both parents. Legal custody permits the parent to decide the child’s healthcare, education, and religious upbringing. It may also be split if parents can agree on these major decisions.

Custody decisions may not take certain factors about the parents into consideration when determining child custody, including:

• Gender
• Sexual orientation
• Religion
• Physical disability
• Marital status
• Lifestyle

Child Support in Mountain View, California

Parents are legally obligated to provide for their children until they’re able to support themselves. Child support is intended to ensure that both parents support their children and minimize changes to their lifestyle despite a separation. It covers the needs of the child, including but not limited to:

• Food;
• Shelter;
• Clothing;
• Healthcare;
• Education; and
• Extracurricular activities.

Child support is paid monthly unless both parents agree otherwise. Many parents opt to have the state intercede in child support payments to minimize the need for direct communication with their former partner.

Kaspar & Lugay LLP’s Mountain View Family Law Professionals: Schedule a Discreet Consultation

The Kaspar & Lugay LLP legal team is composed of experienced, compassionate, and invested attorneys. No matter the type of family law problem you have, we strive to minimize the difficulties involved. Our goal is to help you achieve a favorable result in your family law issue.

Get the knowledge, attention, and support you deserve, and let us fight for your family.

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