Going through a divorce is unpleasant and always influences all aspects of a person’s life. Its importance can never be underestimated, and its importance increases the longer the marriage lasts. If you are separated from your spouse or thinking about it, you should educate yourself about the process. If you have anything worth preserving, you should retain an experienced divorce attorney.
No-Fault Divorces in California
California is a no-fault state. What this means is that if one spouse desires a divorce, the other spouse cannot stop the process. The court and the lawyers call a divorce a marital dissolution.
To get a no-fault divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In California, it’s enough to declare that the couple cannot get along (this reason goes by such names as “incompatibility,” “irreconcilable differences,” or “irremediable breakdown of the marriage”). The spouse asking for a divorce does not have to prove that the other spouse did something wrong.
Factors That Affect Child Support
Child support is determined by a mandatory, complicated algebraic formula that is written into the California Family Code. In honesty, what happens is each parent’s income and the amount of time he or she spends with the child is entered into the judge’s computer program (your lawyer has a copy, too) and provides a support figure for each child. This is the “presumed correct” figure, and the circumstances under which the judge can change the amount are few. Few parents know that the critical factor is the parents’ respective incomes. Time with the child is weighted far, far less. Even so, many parents fight for custody time to reduce their child support obligations.