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Laws & Courts:
California Law - family code statutes: Division 6 (Nullity, dissolution, and legal separation), Division 7 (Division of property), Division 8 (Custody of children), and Division 9 (Support). California Courts and Judicial System - searchable opinions, answers to frequently asked questions, links to Supreme, Appellate, and trial courts in California., and other resources are available. This site is created and maintained by the Judicial Council of California.
California Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." California Department of Child Support Services - overview of California child support laws, answers to frequently asked questions, info. From Office of Child Support.
Additional Resources:
California State Bar Association - news and information (including a family law section) from the California State Bar.
General Legal Materials - judiciary opinion database, state agency directory, statute listing, administrative code and other legal resources. From the Legal Information Institute at Cornell University. Dad-To-Dad, San Diego Chapter - dad-To-Dad connects at-home dads, primarily men who are married and whose wives are the primary breadwinners in their families. Weekly playgroups and more. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. For California chapters, contact Patricia Gehlen at 916-635-2590. Coalition of Parents Support (C.O.P.S) - Headquartered in San Diego, this group welcomes all non-custodial parents and friends, male or female. Local chapters include: Silicon Valley, Orange County,
San Diego and
Sierra Foothills.
The East Bay Men's Network, Oakland
- goal is to build community and friendship through sharing our life concerns with other men. An affiliation of small groups of men dedicated to the concept of self-help with the leadership function shared by all. Weekly meetings on a rotation basis at member's homes. Membership lives within an easy drive of the Oakland/Berkeley hub.
Phone: 510-568-8669.
E-mail: stanfeld@pacbell.net. The Men's Center for Counseling and Psychotherapy
- serving Berkeley, San Francisco, and Walnut Creek. Founded in 1984 as the Bay Area's first organization with a collective commitment to provide all men with the particular understanding and professional therapy services. Specializing in the field of men's psychology and gender issues. Phone: (510) 644-8262. The Nation of Men - an organization devoted to the purpose of supporting men, men's teams and community. This site is hosted by the South Bay (San Francisco Bay Area) chapter, one of three active chapters of the Nation of Men.
Legal overview
Divorce in California requires that you have been resident for at least 6 months. There are two specific "grounds" on which a divorce can be obtained in California, irreconcilable differences and incurable insanity. Read our detailed legal summary of California including grounds, residency, child custody, child support, alimony, and property.
Residency
The spouse seeking to file for a dissolution of marriage needs to have resided in California for 6 months prior to filing, and for 3 months in the county where the dissolution needs to be filed. After the notice of the divorce has been given to the other party, or they have appeared before a judge, there is a 6-month waiting period before a motion for dissolution of marriage can be finalized.
Grounds
To obtain a divorce or dissolution of marriage in California a party may file for divorce on one of two separate grounds: Irreconcilable Differences and Incurable Insanity. A divorce based on irreconcilable differences is one that has created a situation in which the marriage is beyond the point that it can be saved.
If one party seeks a no-fault divorce, and the court feels that reconciliation is possible, it has the authority to mandate counseling for the couple for a length of 30 days. Furthermore, please note that any premarital agreements will be held enforceable unless they were not signed voluntarily by one of the parties.
Alimony
Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is generally based on the financial circumstances of the divorcing spouses. To help determine the amount for alimony it is important to look at the standard of living prior to the divorce. Furthermore, the court will look to the amount of money necessary to help raise the children. There are a few different forms of alimony. The first is temporary maintenance, which is paid from one spouse to the other during the trial or proceedings and before the divorce is finalized. Rehabilitative maintenance, is where one spouse (usually from a short marriage) pays for the other to complete an education or a program that will help the other spouse be able to earn their own living. And lastly, permanent maintenance, where the court describes an amount that one spouse should pay to the other for either a specified period of time, or an open-ended period of time.
In the determination of alimony, fault does play a role. However, only the fault of the party seeking maintenance will be considered, not the party who will be paying. Additionally, a conviction for murder will be considered by the courts in its determination of support. Any special needs that require financial assistance, such as a disability, will need to be considered in determining maintenance.
The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if necessary at all), is usually for a shorter period of time, and smaller amount than in the past, although alimony in California is for an indefinite period, meaning that it may be increased or decreased if there is a change in one of the party's circumstances.
Property
The courts will, to the extent practicable, divide the "community property" equally. In rare and exceptional instances, the court may find compelling reasons to divide the property unequally. If it makes an unequal division, the court must support its decision with written reasons. Under some circumstances, the court may trace back to one party separate property invested in community property, or vice versa. If there was a written agreement controlling certain property, the court can choose to abide by the agreement. If the court feels that one party is in need of more support that the other, it may award that party a higher share of the marital property.
Child Support
Child support is the amount that the court determines should be paid from the non-custodial parent to the custodial parent to help maintain the children until they reach age 18. Child support determinations can only be altered if there has been a substantial and significant change in the circumstances relating to the children.
Child support is calculated based on the California State Guidelines for determining child support, eliminating what might otherwise be the biggest 'problem area' between divorcing parents. Unless the parents reach an agreement about the amount of child support to be paid, the State Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and more importantly, in the best interest of the children. 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.
California, like all other states, has guidelines for determining the amount of child support to be paid. The percentages of net income are generally presumed to be in the child's best interest and will give you a "guide" to determining child support. Unless both parents agree to an amount other than that calculated using the guidelines, child support must based on the guidelines as a percentage of the parent who will pay the support's disposable (net) income.
Child Custody
Most parents agree about the custody, child support, and visitation issues relating to their children. Joint custody arrangements have become common place and in some states the "norm" in determining the care, custody and support of children. If the parents are unable to 'work it out', a judge will ultimately decide these issues for the parents. However, before a judge makes any final decision the parents will likely be sent to mandatory mediation to attempt to work out child custody and visitation between the two of them
If a judge is forced to make custody decisions he or she will been to base the decision on genuine evidence, like medical opinions. The judge will also take into account history of child abuse and drug and alcohol addictions. Furthermore, the judge will consider and protective orders that have been issued to help determine what is in the best interest of the child. This is the ultimate factor that the court uses to determine the award of custody. However, the courts in California tend to grant joint custody, where the parents share in the decisions making process, note that this does not effect the amount of time you will spend with your children.
