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Information about California Family Law
Divorce Law in California
California is a “no-fault” divorce state, and was in fact the first state to employ this means of separation. “No-fault” means that a divorce can be carried through simply if one partner wishes to end the marriage, and is not required to find blame for the failure of the marriage with the other spouse. In the event of a dependent spouse being unable to support themselves during a divorce, the court will require the financially independent spouse to pay 40% of their monthly earnings to the dependent party. However, this percentage is usually amended at the divorce hearing, in which each spouses’ income, marketable skills, and previous standard of living will be evaluated to estimate appropriate support payments after the divorce is final.
California is also a community property state. This means each spouse has equal ownership of all property purchased or inherited during the marriage, and property will be thus equally divided upon divorce. This can be countered, however, by the presence of a marital or pre-marital agreement, in which specific stipulations can be laid down about the division of property in the event of a divorce.
California Child Custody
If a divorcing couple has any children, California offers and typically supports the possibility of joint custody, should both parents prove willing and able to care for their child. Joint custody allows for parents to have equal decision-making power regarding the care of their children. However, if this agreement is not feasible, sole physical custody may be granted to one parent, with the possibility of visitation given to the other. If a child is in the custody of a stepparent, or a parent is missing, California may also grant visitation rights to natural grandparents. This is decided solely on the best interest of the child.
California Child Support
Child support is granted in California according to a specific law passed into order in 1992, called the Child Support Guideline. The law prescribes a specific algorithmic standard to be applied to each child support case, depending on the incomes of both parents and the number of children in question. Legally, the resulting sum is the minimum value of child support to be paid by the non-custodial parent, though the presiding judge may decide to award a greater value.
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