In California, marriage provides each party with rights and obligations. Unless agreed upon in writing prior to marriage, once married earnings from personal services become community and assets purchased thereafter are owed jointly.  Most debts that are incurred after marriage become joint debts.   Marriage grants each spouse a right of survivorship after death, tax benefits, and rights to spousal social security benefits for marriages of 10 years or more.

Divorce, or dissolution of marriage, is the process of ending a marital contract. This process includes characterizing the assets of the parties as community, separate or mixed, valuing these assets and then allocating the assets to each party.  A parenting plan needs to formed to deal with legal decision making and time-share of the children.  Spousal support and child support will need to be determined.

In California, there is no requirement to prove “fault” to obtain a divorce.  There is no need to prove any wrong-doing to end the marriage.  The grounds for divorce are irreconcilable differences or permanent legal incapacity to make decisions. Either spouse can file for divorce.  Only one spouse may want the divorce and unfortunately, the other spouse will have to comply.  It is important to have the advice of a family law attorney to help make decisions which are not based on emotion.

In California, custody or parenting plans, are determined based on the “best interests of the minor children” standard which take into account the health, safety and welfare of the children while providing frequent and continuing contact with both parents.  In addressing health, safety and welfare, a court would consider any domestic violence which occurred in the home and documented habitual or continued illegal drug or alcohol use.  In those situations, the court may order supervised time with the children to the other parent.  The court will also consider which parent is more likely to encourage a relationship with the other parent and what plan will create the most stability and continuity for the children.   The court will make orders regarding decision making (“legal custody”) and orders regarding “physical custody” or the parenting plan.  In California, all parents must attend mediation before a court will hear the custody matter.

Child Support in California is determined by State guidelines - a formula that takes into consideration each parent’s income (or ability to earn), certain deductions from income and the amount of the time the children spend in each home.  The court will also make orders regarding health insurance for the children, payment of uninsured medical expenses and extra-ordinary needs of the children.

In California, there are two periods of spousal support.  A court can order temporary support payments during the pendency of the divorce and until the assets are divided.  Permanent spousal support is ordered at the time of the dissolution if appropriate.  In determining spousal support the Court takes into consideration the earning ability of each spouse, age of each spouse,  health of each spouse, the needs of each spouse, the standard of living during the marriage, time a spouse spent away from the work force to raise a family, amount other factors set forth in Family Code Section 4320.  In California the law is that each party must use his or her best efforts to contribute to his/her own support.