Adultery
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the "cheating" spouse.
Abandonment (of a child)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.
How soon will I get my divorce in California?
There is six months waiting period which begins to run from the date the other party is served with the summons and petition. Six months and a day later, assuming that the court has entered a final judgment, your divorce would be final.
What are the requirements in California for divorce?
One party must be a resident of the State of California for six months and a resident of a particular county three months prior to the date the divorce petition is filed. Divorce is "no fault" in California meaning that one does not have to prove any particular grounds in order to obtain a divorce, and the court will grant a divorce if one party requests it.
Can a mother get child support from the father without a finding of paternity?
No. The court has no authority to force a person to pay support unless they have been found to be a biological parent.
What you can't do with a prenuptial agreement?
There are some things you just can't - or shouldn't - do with a prenuptial agreement. State laws differ as to what matters are considered off-limits. However, as a general rule, any agreement to do something that is illegal or against state-defined public policy will be considered unenforceable - and may even jeopardize other valid aspects of the premarital agreement. Here are some things that you can't do, at least in some states:
(a) Restrict child support, custody, or visitation rights.
(b) Give up the right to alimony, in a few states.
(c) "Encourage" divorce.
(d) Make rules about nonfinancial matters.
Must a prenuptial agreement be in a specific format? What formality is required?
Yes, certain formalities are essential:
(a) In writing;
(b) Subscribed by the parties;
(c) Acknowledged or proven in the manner required to enable a deed to be recorded.
Can I deduct my child support payments from my taxes as an expense?
Child support payments are not deductible by the parent paying the child support. Similarly, child support payments are not considered income by the parent receiving the child support. The paying parent in child support may conclude that paying a lower child support and a higher spousal support will benefit them when tax time comes around. Tax consequences are often given heavy consideration in all negotiations regarding a divorce settlement. If you or your attorney is not aware of such tax implications, you should consider consulting a financial planner.
What does child support cover?
The term "child support" covers all the economic necessities of life required by a child. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses.
One of the main issues that parents have problems agreeing upon when it comes to child support is what would be covered under the court order support obligation. It is hard to convince anyone, especially the court, that food, clothing, shelter, education, and medical care are not necessities, but the day-to-day expenses leave somewhat of an open interpretation.
What factors do courts take into account when deciding who gets custody of the children?
A court gives the "best interests of the child" the highest priority when deciding custody issues. This broad standard is, by definition, fact-specific, and its application in a given situation depends upon a variety of factors, including:
(a) The child's age, gender, mental and physical health;
(b) The mental and physical health of the parents;
(c) The lifestyle and other social factors of the parents, including whether the child is exposed to second-hand smoke;
(d) Whether there is any history of child abuse;
(e) The love and emotional ties between the parent and the child, as well as the parent's ability to give the child guidance;
(f) The parent's ability to provide the child with food, shelter, clothing and medical care;
(g) The child's established living pattern (school, home, community, religious institution);
(h) The quality of the schools attended by the children;
(i) The child's preference, if the child is above a certain age (usually about 12), and
(j) the ability and willingness of the parent to foster healthy communication and contact between the child and the other parent.
Assuming that none of these factors clearly favors one parent over the other, most courts tend to focus on which parent is likely to provide the children a stable environment. With younger children, this may mean awarding custody to the parent who has been the child's primary caregiver. With older children, this may mean giving custody to the parent who is best able to foster continuity in education, neighborhood life, religious institutions and peer relationships.
Who gets to live in the house during the dissolution?
If children are involved, the parent who spends the most time with the kids, or who provides their primary care, usually remains in the marital home with them. If you don't have children and the house is the separate property of just one spouse, that spouse has the legal right to ask the other to leave.
If, however, you don't have children and you own the house together, this question gets tricky. Neither of you has a legal right to kick the other out. You can request that the other person leave, but he or she doesn't have to. If your spouse changes the locks, or somehow prevents you from entering the home, you can call the police. The police will probably direct your spouse to open the door and let you back in. When you both own the home, the only time you can get your spouse to leave is if your spouse has committed domestic violence and a judge grants a restraining order.
How do I know which state to file in?
You typically file for divorce in the state in which you or your spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish a residency requirement prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state. If you are in the military and are stationed overseas, you would typically file in your home residency state.