California Divorce: Overview
A California divorce (called a "Dissolution of Marriage")
potentially involves five issues: (1) termination or nullification of marital
status, (2) property division, (3) alimony or "spousal support", (4)
child custody and visitation, and (5) child support. These issues can be
resolved either by agreement of the parties in a negotiated settlement or by the
court in a contested hearing.
Although most divorces involve termination of marital status, e.g. ending the
marriage as of a certain date and returning the parties to the status of single
individuals, occasionally, if special circumstances exist, the court can
"nullify" the marriage.
In regards to the issue of property division, the court divides
"community property" equally between the parties. However, in some
instances, the parties may initially disagree on the
"characterization" of property- whether it is "community
property" subject to division by the courts or "separate
property" which is awarded to the party claiming it. If the parties cannot
agree on the characterization of property, this issue must be decided by the
court.
"Spousal support" (what used to be called alimony) is support paid
by one spouse to the other spouse. In determining whether "spousal
support" will be awarded, the courts are required to use a particular set of
factors specified in the Family Law Code. Spousal support can be paid by a wife
to a husband as well as by a husband to a wife. The length of time a couple is
married will affect the decision whether spoual support is awarded.
If the parties have minor children, one of the most contentious issues may be
the determination of child custody and visitation. Although one parent may be
granted physical custody of the minor children the other parent will normally be
granted visitation in order to maintain a "sustained and continuing
relationship" with the minor children.
Finally, if there are minor children, the court will determine the amount of
child support that must be paid, typically by the non-custodial parent to the
custodial parent. Such child support is typically based on child support
guidelines contained in the Family Law code. For
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