It is sad indeed that you have decided to bring your marriage to an end. But, it is not the time to sit and feel sad about it. Once you have decided about asking for divorce in Pasadena California, you should make an effort to become familiar with the rules and set of laws that govern a divorce in the state. This is really essential.
To approach the court, it is essential that you fulfill the necessities relating to residency, according to the divorce laws in California. If the ground of separation is in CA, then the two of you should be living in the state in matrimony. If however, the event because of which you are asking for divorce happened outside California, then it is mandatory for you to reside in the state for at least a year, once you have filed your appeal.
Grounds on Which You Can Ask for Divorce in Pasadean CA
The reasons for seeking for a legal separation have been vividly declared in the California divorce policy. In general, there can be two ways of wanting a divorce.
You can bring a charge against your partner for breaking the trust – this is the “at-fault” divorce. Alternately, the two of you can mutually decide to separate, and agree not to make any charge – this is the “no fault” divorce in California.
Filing a ‘Complaint’ is the first step that sets into motion the divorce proceedings. You will have to file the complaint at the specific circuit court in the US state of California. Be very careful here, because your litigation can be cancelled if you approach the wrong court.
Alternatively, if the husband and wife jointly agree upon a divorce, they will just need to fill out a form. This is known as the joint petition for divorce. Any issues that arise in this type of divorce must be resolved by the husband and wife on their own, jointly.
Issues Relating to Alimony and Property
The property, assets and debts are distributed between the couple by the state court of California in a fair way. The court keeps in mind numerous factors before deciding upon the division of property. Here are some of the issues – duration of the marriage, the current living conditions of the couple, individual code of conduct in the period of marriage, individual financial condition, and role played by the husband and wife in increasing and decreasing property value.
The court’s decision is final about issues of alimony. Of course, if you are not happy with the judgment, you can file an appeal. The CA court will take into consideration various factors in determining the alimony and its amount. The common factors here include the economic condition of either party, whether one spouse is financially depended on the other, their insurance policies, and ability of either partner in raising a family.
The California divorce court is very careful about child custody issues in a divorce in California lawsuit. It is always the court’s priority to make the decision in the best interest of the child, and not the parent. Do keep in mind that the custody rights granted to either parent will affect his/her chances of receiving alimony. It is also affect the division of assets.