If you think that all states in the United States have the same divorce laws, then you should definitely think again. Divorce laws actually differ from state to state, and they’re different in several ways. They differ in terms of legal grounds, residency requirements, spousal support, child custody, and in many more areas.
It’s very important to comply with these terms. If you don’t, the court will not hear your case. For this article, l will focus on California divorce law since that’s my area of expertise.
First of all, it’s important to know that there are specific legal grounds for a divorce. A couple cannot get divorced for just any reason-they must cite appropriate legal grounds as based on California divorce law.
In fact, there are only two legal grounds for dissolution of marriage that are acceptable in California divorce court, the first one being irreconcilable differences. Petty arguments, no matter how hurtful they might be, are not reason enough for divorce. However, irreconcilable differences can be given as grounds for a divorce, but only when they cause your marriage’s irremediable breakdown. The second legal ground for divorce is incurable insanity. However, you must be able to prove this in order to make it valid.
Keep in mind that divorce in the sunshine state does not happen overnight. Your marriage cannot and will not end immediately because your marriage is not fully dissolved until at least six months from the date you served notice on your spouse (or in the case of a Summary Dissolution, six months after you filed the Petition).
Another issue is the residency requirement. California divorce laws state that in order to get divorced, one of the spouses has to have lived in the state for six months. Not only that, he or she also needs to reside in the county where the petition is filed for three months.
The welfare of a divorcing or divorced couple’s children is of the utmost importance in accordance with California divorce laws, so the court does its best to decrease negative effects on the child. In fact, child support and custody are two very significant issues. In California, children are eligible to receive support until they reach the age of 19. However, if a child turns 18 years old and becomes self-supporting, marries, dies or is not a high school student anymore, then he or she will no longer be entitled to support.
If you want support for your child through college or until he or she reaches the age of 21 years old, then this can be done. You will have to cooperate with your spouse, of course, and have an agreement in writing. Also, California divorce law states that if your child is disabled or if for whatever reason is unable to work, then child support can be extended.
As for child custody, the parents can create an agreement regarding this issue. However, there are times when the two parties cannot agree. When this happens, then the judge decides on custody by considering many factors. These include the child’s welfare, health and safety, and the nature and amount of contact with both parents, among many other factors.