Posted by Gurjit Srai In Divorce August 28, 2023 0 Comment

Navigating the legal system can be complicated, especially when you are dealing with a stressful and emotionally driven divorce proceeding. Getting a divorce can be one of the most challenging periods in life and trying to understand the nuances of divorce laws related to your specific circumstances can make the process even more overwhelming.

Each state has its own set of unique divorce laws. California presents several legal codes that are different from other states. You may think you know the divorce laws in the state. However there is a good chance there are important things about divorce laws that you may miss if you are trying to navigate a divorce yourself.

It is best to hire an experienced Fresno divorce attorney who is knowledgeable about the laws of the state to help protect your rights in a divorce proceeding. Below are four aspects of divorce and family law in California that are less well-known that you should be aware of.

  1. Community Property

California has certain laws regarding shared property that you should be aware of to help set your expectations if you are getting divorced. California is considered a community property state. This means that all assets and debts acquired while a couple is married or in a domestic partnership are generally considered community property and will be divided equally in a divorce.

There are other types of property as well, such as separate property, that are not subject to equal division. These are properties that are acquired by either spouse prior to marriage that will remain that spouse’s property upon divorce. An experienced Fresno divorce attorney can help identify and categorize each property during a divorce process.

  1. The Waiting Period

Regardless of how quickly you and your spouse decide to end your marriage, you cannot be legally divorced immediately after getting married. California has a waiting period of six months from the time of filing for divorce until the divorce can be finalized.

  1. Spousal Support

California laws allow for spousal support to be awarded to the lesser-earning spouse upon a divorce. Spousal support is intended to provide financial support to the spouse who was lower earning maintain a similar standard of living that they had during their marriage. The amount of spousal support is determined based on various factors.

  1. A “No-Fault” Divorce State

California allows for “no-fault” divorce. This means that you can file for divorce without having to prove that one of you was at fault the breakdown of the marriage. You simply need to state on your divorce application that there are irreconcilable differences that led to the breakdown of your marriage or domestic partnership.

Call an Experienced Fresno Divorce Attorney

If you are in the process of getting a divorce or plan on initiating one, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Fresno divorce attorney, please call Gurjit Srai 209-323-5558 or complete our online form.