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Frequently Asked Questions about California Dissolution of Marriage
Q: What is dissolution of marriage?
A: Rather than referring to "divorce," California law refers to "dissolution of marriage." There is no fundamental difference between what is called "divorce" in another state and what is called "dissolution of marriage" in California. Both terms refer to the process by which a marriage between parties is terminated and their respective legal rights and obligations regarding property, child custody, and child and spousal support are determined.
Q: Because California is a so-called "no-fault" divorce state, does misconduct by either spouse ever come into play in the final judgment of the court?
A: Perhaps, in some circumstances; for example, under California law, when making a custody determination, the court must consider whether there is evidence of domestic violence. Also, a determination of whether one party will be awarded spousal support may hinge on the issue of a domestic violence conviction. California law also provides that in making a property award, the court may consider misappropriation of an asset by one party to the detriment of the other.
In recent years, more than 60% of California marriages have ended in divorce. If you have questions about how California law may address the issues in your marriage, contact a California family law attorney.
Pleasanton, California Divorce Lawyers
If you are contemplating filing for divorce in California, or you have received a divorce complaint, you probably have a lot of questions. How will custody and visitation be determined? Where will the children live? What is a fair amount to pay for child support? Can I stay in the house? How will our community property be divided? Will I have to pay spousal support (alimony)?
When you have questions, we have answers.
At the Law Offices of John A. Guthrie, in Pleasanton, our divorce lawyers have represented clients throughout the San Francisco East Bay area since 1990. We handle all matters related to family law and divorce.
To learn more about divorce proceedings in California, please see the general legal information about divorce provided below. For specific answers to your questions about divorce in California, contact our Pleasanton law office for a free initial consultation with an experienced attorney.
California Dissolution of Marriage - An Overview
The breakdown of a marriage is likely one of the most stressful times in a person's life, and divorce is a daunting task to undertake alone. An attorney experienced in California family law can guide you, professionally yet compassionately, through this often-difficult time. If you are contemplating dissolution of marriage, call an attorney today.
Many individuals experiencing divorce find themselves so involved in the emotional and psychological aspects of the breakup of their family that they are unable to focus on the fact that the process of dissolution of marriage is a legal process. It is wise for parties to have a working knowledge of the legal issues involved in the divorce to avoid being overwhelmed by the emotional aspects. An experienced California dissolution of marriage lawyer will work to protect your legal interests, allowing you to focus on yourself and your family.
Division of Property
Because classification of property and its division can become one of the most contentious issues in a divorce, seek the advice and assistance of a California dissolution of marriage attorney familiar with the particulars of California community property law.
Domestic Violence and Child Custody
Even though California is a no-fault state for dissolution of marriage, evidence of domestic violence in a marriage can play a major role in decisions regarding the children of the parties.
Spousal Support
In California, married persons have a right and an obligation to support each other during their marriage. Depending upon numerous factors taken into consideration by a court in a dissolution case, this obligation may extend beyond the marriage.
Alternative Dispute Resolution (ADR) in California Dissolution Cases
In California, parties wishing to lessen conflict and work toward more win-win solutions to their disputes can take advantage of many modes of alternative dispute resolution (ADR), including, in the larger counties, conciliation court (in larger counties), mediation and collaborative law.
California Dissolution of Marriage Resource Links
Judicial Council and the Administrative Office of the Courts for California
This site contains forms provided by the Judicial Council and the Administrative Office of the Courts. The forms are provided as Adobe Acrobat documents (PDF). Some can be filled out electronically; all forms may be printed out.
California Law Search Page Family Law Code
This site contains California statutes covering all family law cases in California.
National Council of Juvenile and Family Court Judges
This site for the National Council of Juvenile and Family Court Judges provides information and resources for both professionals and the public on issues related to improving courts and other systems affecting the lives of families.
Divorce Care
Divorce Care is a resource for finding support groups to help you through one of the most stressful times in your life.
How to Divorce As Friends
A relationship and divorce site developed by Bill Ferguson, an expert featured on Oprah.
