In California, divorce petitioners must establish residency to file. These requirements indicate that at least one party must have lived in the state for at least six months. Divorce Lawyers in Temecula acquire evidence from these petitioners to allow the state to take jurisdiction over the divorce case.
Choosing Divorce Grounds
Irreconcilable differences are the divorce ground used most often in California. The state doesn’t recognize common fault-based grounds. These grounds indicate that neither party was at fault for the breakdown of the marriage.
Incurable Insanity As a Divorce Ground
Incurable insanity is the only fault-based ground available in a difference case, but the petitioner must secure evidence that details their spouse’s condition. They must acquire testimony from their spouse’s doctor reporting in detail all treatment used for the condition. It must also indicate that it is necessary for them to be admitted into an institution. The condition must be present for at least two years before the petitioner can file for a divorce.
Reviewing Property Division
The state of California places the marital property under community property guidelines, which indicates that there is an equal division of assets. Both parties receive the exact same amount in property or monetary assets; however, the court must evaluate the earning capacity of each spouse. The purpose is to find a resolution that allows both parties to enjoy the same lifestyle achieved during the marriage. This may lead to an uneven division of the property.
Evaluating Prenuptial Agreements
Prenuptial agreements may include terms that identify fault-based grounds. The terms of the agreement dictate what party receives the marital assets based on circumstances that could arise during the marriage. Infidelity is among these circumstances that could cause an uneven division of marital property and the assignment of alimony payments.
In California divorce courts, each party has the right to make requests for property division and potential alimony requests. However, the divorce laws of the state require them to choose grounds based on options that are available to them. Petitioners who need guidance in a divorce case should contact divorce lawyers in Temecula at the Law Office of Michelle Penna or visit the website for further details.