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Divorce in California: Some of the basics

by | Aug 28, 2018 | Divorce, Firm News |

Statistically, around 41 percent of first marriages in California end prematurely. The divorce rate for second and third marriages in the state is even higher, increasing to 60 percent and 73 percent, respectfully. That is somewhat higher than the national average.

Divorce laws vary from state to state and can be very complex. California is no different, but it may help to be familiar with some of the basics. There is no common-law marriage statute, so in order to be divorced, a couple must have acquired a marriage license and be legally married. This holds true regardless of how long a couple has spent together. This is a no fault state, but certain conditions may still be taken into account by the court and may include abandonment, adultery or domestic violence.

Where child custody is concerned, parents may wish to attempt to reach an agreement on their own. When this is not possible, the court may step in. The court will always consider the best interest of the child when making a decision. It is normally believed best for children to maintain a relationship with both parents.

If a person in California is considering a divorce, he or she may benefit from seeking the counsel of an experienced professional. Divorce can be complex, and a knowledgeable family law attorney may be able to help one navigate the process. Assistance with child custody, division of assets and liabilities, child support, and other issues may help a person to arrive at a settlement that is fair to the parties involved. An experienced lawyer can also bring a calming presence to an often emotional situation.


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