California Divorce Laws
The discretionary powers of child custody and separate laws for alimony are two distinct features of the California divorce laws. Like every other state, the fulfillment of residency requirements is crucial for a person to be eligible for a court jurisdiction of a divorce case. A bona-fide residency for six months in California and a stay of at least three months in the county where a divorce case is to be filed, are the necessary requirements for all divorcing spouses.
California Divorce Laws regarding child support
n case of a minor child, both the parents have to share an equal liability of bringing up the child in circumstances that are best suitable to the child. This onus of support is to be borne by the parents till the child becomes nineteen years old or passes out of the 12th grade, whichever happens earlier. If a child of any age is put out of action from earning a living and does not have enough resources to live, then it is responsibility of both parents to an equal extent to support this child to the best of their ability. Sections 4052, 3910, 3901 and 3900 of the California Family Code are dedicated to the issue of child support. Child support amount is to be calculated keeping in mind the income shares model. The model is based on the ratios of the number of children and income of both parents. The court may go beyond these guidelines, if the situation requires so. Usually, the educational and medical requirements of the child are given the top most priority while deciding the amount towards child support.
California Divorce Laws regarding child custody
In this state, there is no presumption or preference against or for sole custody, joint physical custody or joint legal custody. Consequently, the Court has a wide discretion to select the plan which is in the optimum interest of the child. Sections 3040, 3011 and 3010 of the state's Family Code are utilized. All the below mentioned issues are contemplated while making a decision.
Thus child custody norms in California divorce laws are formed by taking the child's future into account. It may happen that custody is given to a grandparent, if none of the parents are capable for the upbringing of child.
Alteration of name
If a party has not requested for restoration of name in the initial petition, but makes a request for the same during court proceedings, then the Court passes an order to restore the former name or birth name of that party. However, this can happen only in case of proceedings of annulment or dissolution of marriage. In case of legal separation of the partners, this restoration is not practicable.
The issue of alimony is solved using Section 4320 of the state's Family Code. The following points are pondered upon prior to the decision.
Spousal support is a legal provision that ensures justice to both parties. It tries to solve the financial problems faced by the spouse who is educationally and professionally lagging behind the other spouse. The spousal support order is to be followed strictly by the partner paying alimony.
These are some of the laws through which California state attempts to resolve the issues related to divorce.
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