Florida Divorce Laws
Residency Requirements for Divorce in Florida
One of the spouses must have been a resident for 6 months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either: (1) the county where the defendant resides or (2) the county where the spouses last lived together prior to separating.
[Florida Case Law and Florida Statutes Annotated; Chapter 61.021].
Legal Grounds for Divorce in Florida
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Florida Statutes Annotated; Chapter 61.052].
2. General Divorce: Mental incapacity for at least 3 years.
[Florida Statutes Annotated; Chapter 61.052].
Legal Separation in Florida
A spouse may file for separate maintenance and child support.
[Florida Statutes Annotated; Chapter 61.09].
Simplified/Special Divorce Procedures in Florida
Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that:
1. There are no minor or dependent children of the spouses and the wife is not pregnant
2. The spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations
3. That 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage
4. That their marriage is irretrievably broken
The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida.
[Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].
Divorce Mediation or Counseling Requirements
If there are minor children involved, or if 1 of the spouses denies that the marriage is irretrievably broken, the court may delay the proceedings for up to 3 months and may order the spouses to seek counseling, order the spouses to attempt reconciliation, or order the spouses to attend mediation sessions.
[Florida Statutes Annotated; Chapters 61.052 and 61.183].
Divorce Property Distribution
Florida is an "equitable distribution" state. The spouse's non-marital property will be retained by each spouse. Non-marital property is all property acquired prior to the marriage, property acquired by gift or inheritance, and any property considered to be non-marital according to a written agreement between the spouses. The court is required to begin with the premise that all marital property should be equally divided. All of the spouse's marital property may be divided on an equitable basis, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The amount and sources of income of the spouses
5. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
6. The standard of living established during the marriage
7. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
8. Any other factor necessary to do equity and justice between the spouses
Marital misconduct is not specified as a factor in any division of property. There are also specific rules which govern whether a party is entitled to setoffs or credits upon the sale of the marital home. Regarding credit or setoffs upon the sale of a marital home, the court shall consider the following factors:
1. Whether exclusive use or possession of the home is awarded and the basis for such award
2. Whether alimony or child support is awarded to the spouse in possession of the home and whether such alimony or child support is awarded to cover the mortgage, taxes, or other home-related expenses
3. The value of the use and occupancy of the home to the spouse in possession and to the spouse not in possession
4. Which party will be able to claim any home-related tax deductions, including any capital gains event
5. Any other factors
[Florida Statutes Annotated: Chapters 61.075 and 61.077].
Alimony and Spousal Support
The court may grant rehabilitative or permanent alimony to either spouse in either lump-sum or periodic payments or both. Adultery is a factor in the award. Other factors which are considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
5. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Each spouse's share of marital assets and liabilities
9. Any other factor the court deems just and equitable
Alimony payments made be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapter 61.08].
Spouse's Name After Divorce
There is no legal provision in Florida for restoration of a spouse's name upon divorce. However, there is a general statutory provision that allows for a person to change his or her name by petition filed with the court.
[Florida Statutes Annotated; Chapter 68.07].
Child Custody After Divorce
Joint or sole custody may be granted. Joint custody is referred to as "shared parental responsibility" and is preferred over sole custody. Both parents are given equal consideration in any award of custody. Custody is granted according to the best interests of the child, based on the following factors:
1. Which parent is more likely to allow the child frequent and continuing contact with the non-residential parent
2. The love, affection, and other emotional ties between the parents and the child
3. The ability and desire of the parents to provide the child with food, clothing, medical or remedial care, and other material needs
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
5. The permanence, as a family unit, of the existing or proposed custodial home
6. The mental, physical, and moral fitness of the parents
7. The home, school, and community record of the child
8. The preference of the child if old enough to understand and express a preference
9. The willingness of each parent to encourage a close and continuing parent-child relationship with the other parent
10. Any evidence that a parent has supplied false information to a court regarding domestic violence
11. Any evidence of spouse or child abuse
12. Any other relevant factors
No preference is to be given because of parent's sex. Grandparents may be awarded visitation. Custody and visitation may not be denied based on the fact that a parent or grandparent may be infected with human immunodeficiency virus.
[Florida Statutes Annotated; Chapter 61.13].
Child Support After Divorce
The court may order either parent to pay child support during and after a dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30. In addition, there are specific factors for consideration upon which the child support guidelines may be adjusted:
1. Extraordinary medical, psychological, educational, or dental expenses
2. Independent income of the child
3. The custodial parent receiving both child support and spousal support
4. Seasonal variations in a parent's income or expenses
5. The age of the child, taking into consideration the greater needs of older children
6. Any special needs of the family
7. The terms of any shared parental arrangement
8. The total assets of the parents and the child
9. The impact of any IRS Dependency Exemption
10. Any other reason that should be considered in order to make the child support payments equitable
Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository.
[Florida Statutes Annotated; Chapters 61.13 and 61.30].
Sunday, December 9, 2007
Thursday, December 6, 2007
Delaware Divorce Laws
Delaware Divorce Laws
Residency Requirements for Divorce in Delaware
One spouse musthave been a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Delaware Code Annotated; Title 13, Chapters 1504 and 1507].
Legal Grounds for Divorce in Delaware
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage and reconciliation is improbable [a marriage is considered "irretrievably broken" when it is characterized by 1 of the following:
* voluntary separation
* separation caused by the other spouse's misconduct or mental illness
* separation caused by incompatibility
2. Living apart for 6 months because of incompatibility].
[Delaware Code Annotated; Title 13, Chapter 1505].
2. General Divorce: Separation caused by mental illness.
[Delaware Code Annotated; Title 13, Chapter 1505].
Legal Separation in Delaware
There is no legal provision in Delaware for legal separation.
Simplified/Special Divorce Procedures in Delaware
The respondent may file an appearance which will fulfill the requirement of service of process. In addition, a sample Petition for Divorce is contained in Delaware Code Annotated; Title 13, Chapter 1507.
[Delaware Code Annotated; Title 13, Chapter 1508].
Divorce Mediation or Counseling Requirements
In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified "parenting education course." If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses.
[Delaware Code Annotated; Title 13, Chapters 1507 and 1517].
Divorce Property Distribution
Delaware is an "equitable distribution" state. A spouse's separate property is that which is:
1. Obtained prior to the marriage
2. Obtained by inheritance
3. Specified as separate property by an agreement between the spouses
4. Property acquired in exchange for separate property or an increase in value of separate property
All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's personal property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. the federal income tax consequences of the court's division of the property
12. Liabilities of the spouses
13. Any prior marriage of each spouse
14. Whether the property award is instead of or in addition to maintenance
15. How and by whom the property was acquired
16. Any custodial provisions for the children
[Delaware Code Annotated; Title 13, Chapter 1513].
Alimony and Spousal Support
Either spouse may be awarded alimony if he or she:
1. Is dependent on the other spouse
2. Lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment
Either spouse may be awarded alimony for no longer than a a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.
Marital misconduct is not a factor to be considered in an award or alimony. The factors to be considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The tax consequences to each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. Any custodial and child support responsibilities
10. Whether either spouse has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
11. Any other factor that the court finds just and appropriate
Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:
1. A severe physical or mental disability
2. His or her age
3. The needs of any children living with the spouse receiving alimony
Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.
[Delaware Code Annotated; Title 13, Chapter 1512].
Spouse's Name After Divorce
Upon request, the wife may resume her former or maiden name.
[Delaware Code Annotated; Title 13, Chapter 1514].
Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. The past and present compliance by both parents with the duty to support the child
The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent's sex.
In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children's rights. The list of rights must be included in the affidavit. The children's rights are:
1. The right to a continuing relationship with both parents
2. The right to be treated as an important human being, with unique feelings, ideas, and desires
3. The right to continuing care and guidance from both parents
4. The right to know and appreciate what is good in each parent without 1 parent degrading the other
5. The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent
6. The right to know that the parents' decision to divorce was not the responsibility of the child
7. The right not to be a source of argument between the parents
8. The right to honest answers to questions about the changing family relationships
9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans
10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate 1 parent against the other
[Delaware Code Annotated; Title 13, Chapters 722 and 1507].
Child Support After Divorce
Each parent has an equal duty to support any children. The following factors are considered in awards of child support:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if there had been no divorce
3. The age and health of the parents
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The age, health, or station of the child
7. the estate and needs of the child
8. The relative financial means of the parents
[Delaware Code Annotated; Title 13, Chapters 501, 514, and 701].
Residency Requirements for Divorce in Delaware
One spouse musthave been a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides.
[Delaware Code Annotated; Title 13, Chapters 1504 and 1507].
Legal Grounds for Divorce in Delaware
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage and reconciliation is improbable [a marriage is considered "irretrievably broken" when it is characterized by 1 of the following:
* voluntary separation
* separation caused by the other spouse's misconduct or mental illness
* separation caused by incompatibility
2. Living apart for 6 months because of incompatibility].
[Delaware Code Annotated; Title 13, Chapter 1505].
2. General Divorce: Separation caused by mental illness.
[Delaware Code Annotated; Title 13, Chapter 1505].
Legal Separation in Delaware
There is no legal provision in Delaware for legal separation.
Simplified/Special Divorce Procedures in Delaware
The respondent may file an appearance which will fulfill the requirement of service of process. In addition, a sample Petition for Divorce is contained in Delaware Code Annotated; Title 13, Chapter 1507.
[Delaware Code Annotated; Title 13, Chapter 1508].
Divorce Mediation or Counseling Requirements
In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified "parenting education course." If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses.
[Delaware Code Annotated; Title 13, Chapters 1507 and 1517].
Divorce Property Distribution
Delaware is an "equitable distribution" state. A spouse's separate property is that which is:
1. Obtained prior to the marriage
2. Obtained by inheritance
3. Specified as separate property by an agreement between the spouses
4. Property acquired in exchange for separate property or an increase in value of separate property
All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's personal property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. The age and health of the spouses
6. The occupation of the spouses
7. The amount and sources of income of the spouses
8. The vocational skills of the spouses
9. The employability of the spouses
10. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
11. the federal income tax consequences of the court's division of the property
12. Liabilities of the spouses
13. Any prior marriage of each spouse
14. Whether the property award is instead of or in addition to maintenance
15. How and by whom the property was acquired
16. Any custodial provisions for the children
[Delaware Code Annotated; Title 13, Chapter 1513].
Alimony and Spousal Support
Either spouse may be awarded alimony if he or she:
1. Is dependent on the other spouse
2. Lacks sufficient property, including any award or marital property, to provide for his or her reasonable needs
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment
Either spouse may be awarded alimony for no longer than a a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.
Marital misconduct is not a factor to be considered in an award or alimony. The factors to be considered are:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The tax consequences to each spouse
7. The age of the spouses
8. The physical and emotional conditions of the spouses
9. Any custodial and child support responsibilities
10. Whether either spouse has foregone or postponed economic, education, or other employment opportunities during the course of the marriage
11. Any other factor that the court finds just and appropriate
Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:
1. A severe physical or mental disability
2. His or her age
3. The needs of any children living with the spouse receiving alimony
Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person.
[Delaware Code Annotated; Title 13, Chapter 1512].
Spouse's Name After Divorce
Upon request, the wife may resume her former or maiden name.
[Delaware Code Annotated; Title 13, Chapter 1514].
Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child and after considering the following factors:
1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. The past and present compliance by both parents with the duty to support the child
The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. No preference is to be given because of parent's sex.
In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children's rights. The list of rights must be included in the affidavit. The children's rights are:
1. The right to a continuing relationship with both parents
2. The right to be treated as an important human being, with unique feelings, ideas, and desires
3. The right to continuing care and guidance from both parents
4. The right to know and appreciate what is good in each parent without 1 parent degrading the other
5. The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent
6. The right to know that the parents' decision to divorce was not the responsibility of the child
7. The right not to be a source of argument between the parents
8. The right to honest answers to questions about the changing family relationships
9. The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans
10. The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate 1 parent against the other
[Delaware Code Annotated; Title 13, Chapters 722 and 1507].
Child Support After Divorce
Each parent has an equal duty to support any children. The following factors are considered in awards of child support:
1. The financial resources of the child
2. The standard of living the child would have enjoyed if there had been no divorce
3. The age and health of the parents
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The age, health, or station of the child
7. the estate and needs of the child
8. The relative financial means of the parents
[Delaware Code Annotated; Title 13, Chapters 501, 514, and 701].
Wednesday, December 5, 2007
Connecticut Divorce Laws
Connecticut Divorce Laws
Residency Requirements for Divorce in Connecticut
The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until 1 spouse has been a resident for 1 year; unless 1 of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses.
[Connecticut General Statutes Annotated; Title 46b, Chapter 44 and Title 51, Chapter 349].
Legal Grounds for Divorce in Connecticut
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
2. General Divorce:
1. Adultery
2. Life imprisonment
3. Confinement for incurable insanity for a total of 5 years
4. Willful desertion and nonsupport for 1 year
5. 7 years absence
6. Cruel and inhuman treatment
7. Fraud
8. Habitual intemperance (drunkenness)
9. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Legal Separation in Connecticut
A legal separation may be granted on the following grounds:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year
There is no residency requirement noted in the statute.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Simplified/Special Divorce Procedures in Connecticut
Proof of the breakdown of the marriage can be made by:
1. The spouses signing an agreement or statement that their marriage is irretrievably broken
2. Both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property
[Connecticut General Statutes Annotated; Title 46b, Chapter 51].
Divorce Mediation or Counseling Requirements
Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and 53(a)].
Divorce Property Distribution
Connecticut is an "equitable distribution" state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The circumstances that contributed to the estrangement of the spouses
10. The causes of the dissolution of marriage
[Connecticut General Statutes Annotated; Title 46b, Chapter 81].
Alimony and Spousal Support
Alimony may be awarded to either spouse, based on the following factors:
1. The causes for the dissolution of marriage, including any marital fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking support and alimony
[Connecticut General Statutes Annotated; Title 46b, Chapters 82 and 86].
Spouse's Name After Divorce
Either spouse's birth name shall be restored upon request.
[Connecticut General Statutes Annotated; Title 46b, Chapter 63].
Child Custody After Divorce
Joint or sole custody is awarded based upon the best interests of the child and the following factors:
1. The causes for the dissolution of marriage if such causes are relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is capable of forming an intelligent choice
There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody.
[Connecticut General Statutes Annotated; Title 46b, Chapters 56, 56a, 56b, and 84].
Child Support After Divorce
Either parent may be ordered to contribute child support, based on the following factors:
1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child's occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents
Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.
[Connecticut General Statutes Annotated; Title 46b, Chapter 84].
Residency Requirements for Divorce in Connecticut
The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until 1 spouse has been a resident for 1 year; unless 1 of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses.
[Connecticut General Statutes Annotated; Title 46b, Chapter 44 and Title 51, Chapter 349].
Legal Grounds for Divorce in Connecticut
1. No Fault Divorce:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
2. General Divorce:
1. Adultery
2. Life imprisonment
3. Confinement for incurable insanity for a total of 5 years
4. Willful desertion and nonsupport for 1 year
5. 7 years absence
6. Cruel and inhuman treatment
7. Fraud
8. Habitual intemperance (drunkenness)
9. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Legal Separation in Connecticut
A legal separation may be granted on the following grounds:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year
There is no residency requirement noted in the statute.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Simplified/Special Divorce Procedures in Connecticut
Proof of the breakdown of the marriage can be made by:
1. The spouses signing an agreement or statement that their marriage is irretrievably broken
2. Both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property
[Connecticut General Statutes Annotated; Title 46b, Chapter 51].
Divorce Mediation or Counseling Requirements
Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and 53(a)].
Divorce Property Distribution
Connecticut is an "equitable distribution" state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The circumstances that contributed to the estrangement of the spouses
10. The causes of the dissolution of marriage
[Connecticut General Statutes Annotated; Title 46b, Chapter 81].
Alimony and Spousal Support
Alimony may be awarded to either spouse, based on the following factors:
1. The causes for the dissolution of marriage, including any marital fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking support and alimony
[Connecticut General Statutes Annotated; Title 46b, Chapters 82 and 86].
Spouse's Name After Divorce
Either spouse's birth name shall be restored upon request.
[Connecticut General Statutes Annotated; Title 46b, Chapter 63].
Child Custody After Divorce
Joint or sole custody is awarded based upon the best interests of the child and the following factors:
1. The causes for the dissolution of marriage if such causes are relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is capable of forming an intelligent choice
There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody.
[Connecticut General Statutes Annotated; Title 46b, Chapters 56, 56a, 56b, and 84].
Child Support After Divorce
Either parent may be ordered to contribute child support, based on the following factors:
1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child's occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents
Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.
[Connecticut General Statutes Annotated; Title 46b, Chapter 84].
Tuesday, December 4, 2007
Colorado Divorce Laws
Colorado Divorce Laws
Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:
1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:
1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
Provisions for medical insurance and medical care for any children may be ordered to be provided. There are specific child support guidelines specified in the statute. In addition, standardized child support guideline forms are available from the Clerk of any District Court. Child support payments may be ordered to be paid through the Clerk of the Court. Child support must continue through high school graduation, unless certain factors are met.
[Colorado Revised Statutes; Article 10, Sections 14-10-115 and 14-10-117].
Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:
1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:
1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
Provisions for medical insurance and medical care for any children may be ordered to be provided. There are specific child support guidelines specified in the statute. In addition, standardized child support guideline forms are available from the Clerk of any District Court. Child support payments may be ordered to be paid through the Clerk of the Court. Child support must continue through high school graduation, unless certain factors are met.
[Colorado Revised Statutes; Article 10, Sections 14-10-115 and 14-10-117].
Thursday, November 29, 2007
California Divorce Laws
California Divorce Laws
Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage must have been a resident of the state for 6 months and a resident of the county for 3 months where the dissolution of marriage is filed. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].
Legal Grounds for Divorce in California
1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].
Legal Separation in California
The grounds for obtaining a legal separation in California are:
1. Irreconcilable differences
2. Incurable insanity.
A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].
Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:
1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved
Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].
Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].
Divorce Property Distribution
California is a "community property" state. Any jointly-held property is presumed to be "community" property, unless it is clearly stated in a deed or written agreement that the property is "separate" property. Unless the spouses agree otherwise, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:
1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:
1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].
Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].
Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:
1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending
A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:
1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order
The parent required to pay may be required to give reasonable security for the support payments. In addition, there are detailed and extensive statutory provisions in California relating to the securing of child support payments. Please consult the statutes directly if this is an important factor.
[Annotated California Code; Sections 3024, 3622, 4001, 4050, Judicial Council Forms, and California Rules of Court].
Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage must have been a resident of the state for 6 months and a resident of the county for 3 months where the dissolution of marriage is filed. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].
Legal Grounds for Divorce in California
1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].
Legal Separation in California
The grounds for obtaining a legal separation in California are:
1. Irreconcilable differences
2. Incurable insanity.
A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].
Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:
1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved
Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].
Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].
Divorce Property Distribution
California is a "community property" state. Any jointly-held property is presumed to be "community" property, unless it is clearly stated in a deed or written agreement that the property is "separate" property. Unless the spouses agree otherwise, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:
1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:
1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].
Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].
Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:
1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending
A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:
1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order
The parent required to pay may be required to give reasonable security for the support payments. In addition, there are detailed and extensive statutory provisions in California relating to the securing of child support payments. Please consult the statutes directly if this is an important factor.
[Annotated California Code; Sections 3024, 3622, 4001, 4050, Judicial Council Forms, and California Rules of Court].
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