Divorce

In California, a divorce is referred to as a Dissolution of Marriage. Dissolution refers to the annulment or termination of a marriage by legal action. Dissolution includes determining custody of any children, visitation or parenting plans, child support, spousal support and the division of community property.

California is a no-fault state, which means that there only 2 grounds for divorce; irreconcilable differences and incurable insanity. While it is tempting to choose the latter, the majority of dissolution cases are based on irreconcilable differences. In other words, being unable to continue to live together is sufficient legal reason to obtain a dissolution.
Mediation

Mediation is the involvement of a neutral person to assist the parties to achieve an agreement through compromise.

If you are open, willing to comprise and already agree on many of the big issues, then mediation may be an option. Benefits of mediation are no court appearances, faster settlement, and thus less time and money. The downside is that if both parties are not committed to the mediation process, then negotiations may fall apart and the process will start all over again.
Collaborative Divorce

Collaborative divorce is an alternative that can decrease costs and conflicts. Both parties still have their own attorneys who provide full legal protection and advocacy. However, you also have the assistance of a personal coach and financial professional, if required. It is a teamwork approach, where all work together to finalize the dissolution without going to court.

This is a wonderful alternative if you are struggling to straighten out visitation/parenting time, the division of finances, and would like to avoid the financial and emotional cost of appearing in court but gain the benefits of professional advice.

Child Custody

The two types of custody are legal and physical. Legal custody refers to the decisions made regarding the children’s health, education and welfare. This includes things like choosing the child’s school, deciding when to let the child drive, and choosing the child’s doctor. Joint custody is when both parents share responsibility for the child. Physical custody refers to the time in which a parent has the physical care of the child. It is also referred to as custodial time. Joint physical custody is when each parent has custodial time with the child.

The court’s primary concern in determining custody is the health, safety, and welfare of children. It is California public policy to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage. Parents are encouraged to share the rights and responsibilities of child rearing.

Child Support

Child support refers to funds that are paid on a monthly basis to one parent by the other, for the benefit of their child. The amount of support is calculated based on a variety of factors, including both parents’ income.

Child support is calculated separately from spousal support; parties can negotiate spousal support payments, but child support must follow statutory guidelines.

Visitation or Parenting Time

Visitation or Parenting Time represent's a portion of the parent's time that is reserved for the child. This time is laid out as an actual schedule in order to ensure that the child is able to spend time with both parents.

Children have the right to spend time with both parents.

Alimony/Spousal Support

In California, money or necessities provided to a spouse each month after separation or a dissolution, is known as Spousal Support.

Spousal support is money paid to one spouse by the other for their living expenses. In other states it is known as alimony. Spousal support is calculated separately from child support; parties can negotiate spousal support payments, but child support must follow statutory guidelines.

Property Division

In a dissolution, all property is divided so that there is no more joint ownership of any asset or obligation.

Marital property typically includes the family residence, automobiles, bank accounts, retirement accounts, earnings during marriage and credit card debts.

Legal Separation

In a legal separation, the parties remain married in name only. Both parties must reach an agreement on all other issues - child custody and visitation, support, and division of all assets and debts.

Legal separation is not a prerequisite to filing for divorce. Instead, legal separation is an option in unusual situations; such as when the parties cannot divorce for religious reasons or when one party would be unable to obtain medical insurance if divorced..