California has held the reputation of one of the states with the highest divorce rate for years. Decades ago, it had the highest divorce rate in the country. Even California seniors are divorcing after years of marriage. Cities and counties throughout the state are struggling with high divorce rates. If you are going through a divorce in Del Mar, you need an experienced attorney in San Diego, CA divorce law to help. Contact Boyd Law for more information.
Requirements and Grounds for Filing
To file for divorce in any California city, you must meet certain requirements. At least one of the spouses must have lived in California for at least six months prior to filing. For Del Mar divorces, at least one of the spouses must have lived in Del Mar specifically for at least three months before filing. If you or your partner do not meet the residency requirements, you will not be able to file for divorce in California.
A California divorce is also referred to as a dissolution of marriage. There are multiple conditions that you must fulfill to file a petition for dissolution of marriage. The first is that the goal of the divorce is to return each spouse to an unmarried state. The dissolution must be based on one of two things: irresolvable issues that led to the breakdown of the marriage or incurable insanity. A couple can only file a petition for dissolution of marriage if there is proof that one of the spouses was insane during the time of filing and continues to suffer from insanity. You can prove incurable insanity with medical or psychiatric expert testimonies.
Summary Dissolution of Marriage
Summary Dissolution of Marriage is a California divorce option that streamlines the process. Couples who are eligible for a summary dissolution often choose it because it makes the divorce proceedings go significantly faster. You are eligible for a summary dissolution if:
- You or your spouse meet the residency requirement.
- You have been married for less than five years.
- You do not have and will not be having any children.
- Neither spouse owns an interest in real estate.
- You and your spouse do not owe more than $6,000 collectively in debts other than automobile loans.
- You do not jointly own community property worth more than $38,000 without vehicles.
- Both spouses agree that neither will receive spousal support.
- Both spouses have signed an agreement dividing property and debts.
California Spousal and Child Support and Custody
Once divorce proceedings are complete, the court may order spousal or child support. Spousal support depends on the length of the marriage, needs of each spouse, age and health of each spouse, and various other factors. Spousal support generally ends when the court order ends, one of the spouses dies, or one of the spouses remarries.
California laws state that either parent can get custody of the child. The court has the option of awarding joint legal custody, sole custody, or joint physical custody. The court will take several factors into account when it is deciding how to rule including the state of the child, the relationships that each parent has with the child, the health of each parent, and multiple other factors. Child support is largely based on the amount that each parent makes and the costs and debts that they each have.
Divorce in Del Mar
Divorces are difficult and often emotionally traumatic. If you are going through a divorce in Del Mar, you need an attorney who has extensive knowledge in California divorce laws. Contact Boyd Law for determined and devoted representation.