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Divorce laws in the US are not simple and require expertise. The reason is that US has many states and each state has its own divorce laws. In general, divorce can be of the following three types:
- Absolute Divorce: It is the judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony.
- Limited Divorce: It is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is un-dissolved and the status of the parties hence remains unchanged. The consequences of limited divorces vary from state to state.
- No Fault Divorce: No fault divorce law eliminates requirement of "proof of fault" by providing for the dissolution of a marriage on a finding that the relationship is no longer viable.
Although each state has its divorce laws, we will discuss California Divorce Laws. There are certain residency requirements for divorce in California. A spouse filing for a divorce must have been a resident of the state for 6 months and a resident of the county for 3 months where the dissolution of marriage is filed. Under California Family Code Section 297, you can terminate your partnership by using forms available from any county clerk or the office of the Secretary of State.
Divorce in California can be filed on following grounds:
1. Incurable insanity
2. Irreconcilable differences which have caused the irremediable breakdown of the marriage
While the first one would fall under “No Fault Divorce”, the second one is the case of “General Divorce”. A marriage of 5 years or less may be dissolved by summary action.
Divorce Property Distribution
California is a "community property" state. This means any jointly-held property is presumed to be "community" property, unless it is clearly stated in a deed or written agreement that the property is "separate" property. Unless the spouses agree otherwise or financial condition of any one spouse is poor, all community and quasi-community property is divided equally between the spouses.
Alimony and Spousal Support
Based on the living standard you achieved during your marriage, the court may award support to either spouse of any amount and for any period of time that the court deems just and reasonable.
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