Divorce is a stressful and emotional process. If you are involved in a divorce or are contemplating a divorce, the right legal counsel can help to alleviate the strain on you and your family.
At Moradi Saslaw, our experienced divorce attorneys are:
Able to plan a unique divorce strategy for your circumstances;
Detail-oriented and prepared to negotiate or litigate your case as needed; and
Compassionate and empathetic when guiding you forward through the divorce process.
Call or contact our office in Palo Alto today to discuss bringing your case to a positive resolution. Moradi Saslaw is equipped to handle your divorce case regardless of its issue complexity or asset variability.
Our Palo Alto Divorce Attorneys Can Help
The divorce attorneys at Moradi Saslaw are an invaluable resource during a divorce. Our Palo Alto family law attorneys do much more than protect your legal interests regarding marital assets, debts, alimony or spousal support, and child custody and visitation.
Our legal team also does the following:
Reduces your stress by handling all of the legal aspects of your divorce;
Ensures costly mistakes and omissions are avoided that could significantly impact your future;
Reviews your divorce documents for accuracy, clarity, and enforceability; and
Avoids unnecessary delays or tactics by your spouse that could push back your divorce date.
Speak with one of our divorce professionals about your case. Contact Moradi Saslaw and schedule your confidential consultation in Palo Alto now.
California Residency Requirements for Divorce
California, like all other states, has specific residency requirements for divorce. California mandates one spouse be a resident of the state for at least six months before filing for a divorce. That spouse must reside in the county where they plan to file for a divorce three months before the divorce.
California is a No-Fault Divorce State
California does not place blame on either spouse for a divorce, and spouses are not required to prove the other is at fault in any way for the divorce. A spouse must only show that there are irreconcilable differences in the marriage for a divorce to be granted.
California’s Waiting Period for a Divorce
There is a mandatory six-month waiting period between filing for a divorce and the date a divorce may be granted by the court. This is not flexible, even if the divorce is agreed upon.
Property Division in a California Divorce
California is a community property state. This means that unless there is a prenuptial or postnuptial agreement stating otherwise, the court will divide the marital property and debts equally. Separate property is not included in the division of property.
Separate property includes:
All property owned by the spouse before marriage;
All property acquired during the marriage by gift or inheritance; and
All rents, issues, and profits are derived from the separate property.
Spousal Support in a California Divorce
When a couple separates or divorces, the court has the power to order spousal. The judge reviews the following factors when considering a spousal support order:
The length of the marriage or domestic partnership;
The needs of each partner or spouse;
The age and health of each party;
How much income each one can earn and the earning capacity of each party;
Whether one party’s career was affected by unemployment or by taking care of the children at home;
Whether one spouse or partner helped the other get an education, training, career, or professional license;
Whether there was domestic violence in the marriage or domestic partnership;
Debts and property both separate and marital;
Whether there are minor children at home and if working outside the home would make it too hard to care for them;
The history of the way the couple handled money during the marriage or domestic partnership; and
The tax impact of spousal support (federal and state tax law does not recognize domestic partnerships.)
Spousal and domestic partner support ends when:
The court order or judgment decrees;
When one of the parties dies; or
When the receiving spouse remarries.
Child Custody and Child Support in a California Divorce
The court does not favor one parent or the other when making a custody determination. All custody decisions are based on the best interests of the child. These include:
The health, safety, and welfare of the child;
Any history of abuse by one parent or any person in a parent’s home;
The nature and amount of contact with both parents; and
The habitual or continual illegal use of controlled substances or alcohol by either parent.
Other factors that influence custody decisions are:
Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent;
If custody is not to be awarded to either parent, then to the person(s) in whose home the child has been living in a wholesome and stable environment; and
The person(s) deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.
California uses statewide guidelines for calculating child support, although parents can come to their own separate agreement if it meets California requirements. The guideline calculation takes the following into account:
How much money the parents earn or can earn;
How much other income each parent receives;
How many children the parents have together;
How much time each parent spends with their child(ren);
The actual tax filing status of each parent;
Support of children from other relationships;
Health insurance expenses;
Mandatory union dues;
Mandatory retirement contributions;
The cost of sharing daycare and uninsured healthcare costs; and
Other relevant factors.
Any special needs for travel expenses or educational expenses may also be included in child support payments.
Court-ordered child support typically ends when the child:
Marries;
Dies;
Is emancipated;
Turns 18 and is not a full-time high school student; or
Turns 19.
Contact an Experienced Palo Alto Divorce Attorney
Filing for divorce in California can be a complex and complicated process. If you are filing for divorce, it’s to your benefit to work with skilled and dedicated attorneys like ours at Moradi Saslaw. We value our clients and place great emphasis on meeting their legal goals and expectations.
Meet with one of our excellent attorneys today to learn the first steps or next steps in your divorce. We can answer your questions regarding California residency requirements, grounds for divorce, and the many ways in which a California divorce can be resolved. Contact us online today.
