Wisconsin Divorce Laws
Residency Requirements for Divorce in Wisconsin
One of the spouses must have been a resident of Wisconsin for 6 months and of the county for 30 days immediately prior to filing where the divorce is filed. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition.
Legal Grounds for Divorce in Wisconsin
1. No Fault Divorce: Irretrievable breakdown of the marriage. The irretrievable breakdown of the marriage may be shown by:
1. a joint petition by both spouses requesting a divorce on these grounds
2. living separate and apart for 12 months immediately prior to filing; or
3. if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for divorce in Wisconsin.
Legal Separation in Wisconsin
Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce.
Simplified/Special Divorce Procedures in Wisconsin
The spouses may file a joint petition for divorce in which they both consent to personal jurisdiction of the court and waive service of process. A copy of a guide to Wisconsin Court procedures for obtaining a divorce is to be provided to the spouses upon filing for divorce. In all cases, a financial disclosure form must be filed. Also, if children are involved, an official child support form (which is available from the court clerk) must be filed with the petition. In addition, separation agreements are specifically authorized by law. Finally, in cases in which both spouses agree that the marriage is broken and have agreed on all material issues, the case may be held before a family court commissioner.
Divorce Mediation in Wisconsin
The court must inform the spouses of the availability of counseling services. Upon request or on the court's own initiative, the court may order counseling and delay the divorce proceedings for up to 90 days. If custody of a child is a contested issue, mediation is required. If joint custody is requested, mediation may be required. In addition, the court may order parents in any child custody situation to attend an educational program on the effects of divorce on children.
Divorce Property Distribution
Wisconsin is now a "community property" state. There is a presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property consisting of:
1. property inherited by either spouse
2. property received as a gift by either spouse; or
3. property paid for by funds acquired by inheritance or gift
The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors:
1. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. the value of each spouse's separate property
3. the length of the marriage
4. the age and health of the spouses
5. the occupation of the spouses
6. the amount and sources of income of the spouses
7. the vocational skills of the spouses
8. the employability and earning capacity of the spouses
9. the federal income tax consequences of the court's division of the property
10. the standard of living established during the marriage
11. the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
12. any premarital or marital settlement agreements
13. any retirement benefits
14. whether the property award is instead of or in addition to maintenance
15. any custodial provisions for the children
16. any other relevant factor
The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage.
Alimony and Spousal Support
Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows:
1. the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. the duration of the marriage
3. the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
4. the comparative financial resources of the spouses, including their comparative earning abilities
5. the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. the tax consequences to each spouse
7. the age of the spouses
8. the physical and emotional conditions of the spouses
9. the vocational skills and employability of the spouse seeking maintenance
10. the length of absence from the job market of the spouse seeking maintenance
11. the probable duration of the need of the spouse seeking maintenance
12. any custodial and child support responsibilities
13. the educational level of each spouse at the time of the marriage and at the time the divorce is filed for
14. any mutual agreement between the spouses
15. any other relevant factor
The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court.
Spouse's Name After Divorce
Upon request, either spouse's former name may be restored.
Child Custody After Divorce
Joint or sole child custody, "legal custody and physical placement," may be awarded based on the best interests of the child and the following:
1. the preference of the child
2. the wishes of the parents
3. the child's adjustment to his or her home, school, religion, and community
4. the mental and physical health of all individuals involved
5. the relationship of the child with parents, siblings, and other significant family members
6. any findings or recommendations of a neutral mediator
7. the availability of childcare
8. any spouse or child abuse
9. any significant drug or alcohol abuse
10. whether 1 parent is likely to unreasonably interfere with the child's relationship with the other parent
11. any parenting plan or other written agreement between the spouses regarding the child
12. the amount of quality time that each parent has spent with the child in the past
13. any changes that a parent proposes in order to spend more time with the child in the future
14. the age of the child and the child's developmental and educational needs
15. the cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other
16. the need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child
17. any other factors [except the sex and race of the parent]
Child Support After Divorce
Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are:
1. the financial resources of the child
2. the standard of living the child would have enjoyed if the marriage had not been dissolved
3. the physical and emotional conditions and educational needs of the child
4. the financial resources, earning capacity, needs, and obligations of the parents
5. the age and health of the child, including the need for health insurance
6. the desirability of the parent having custody remaining in the home as a full-time parent
7. the cost of daycare to the parent having custody if that parent works outside the home or the value of the childcare services performed by that parent
8. the tax consequences to each parent
9. the award of substantial periods of physical placement to both parents [joint custody]
10. any extraordinary travel expenses incurred in exercising the right to periods of physical placement
11. the best interests of the child
12. any other relevant factors
New York State Divorce Laws
Residency Requirements for Divorce in New York
If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].
Legal Grounds for Divorce in New York
1. No Fault Divorce:
1. Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized
2. Living separate and apart for 1 year under the terms of a judicial separation decree
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].
2. General Divorce:
1. Adultery
2. Abandonment for 1 year
3. Imprisonment for 3 or more consecutive years
4. Cruel and inhuman treatment
[Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].
Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are:
1. Adultery
2. Abandonment
3. Imprisonment for 3 or more consecutive years
4. Neglect of and failure to provide support for a wife
5. Cruel and inhuman treatment
If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:
1. The spouses were married in New York and either spouse is still a resident
2. They once resided in New York and either spouse is still a resident
3. The grounds for legal separation arose in New York
In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].
Simplified/Special Divorce Procedures in New York
A summary divorce may be granted in New York if:
1. The spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement (and)
2. Satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement
There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].
Divorce Mediation or Counseling Requirements
There are no legal provisions in New York for divorce mediation.
Divorce Property Distribution
New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The income and value of each spouse's property at the time of the marriage and at the time of filing for divorce
3. The probable future economic circumstances of each spouse
4. The length of the marriage
5. The age and health of the spouses
6. The amount and sources of income of the spouses
7. The probable future financial circumstances of each spouse
8. The potential loss of inheritance or pension rights upon dissolution of the marriage
9. Whether the property award is instead of or in addition to maintenance
10. Custodial provisions for the children and the need for a custodial parent to occupy the marital home
11. The type of marital property in question
[whether it is liquid or non-liquid]
12. The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse
13. The tax consequences to each party
14. The wasteful dissipation of assets
15. Any transfer of property made in anti-cipation of divorce
16. Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse
17. Any other factor necessary to do equity and justice between the spouses
Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].
Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors:
1. The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
2. Any transfer of property made in anticipation of divorce
3. The duration of the marriage
4. The wasteful dissipation of marital property
5. The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The tax consequences to each spouse
7. Any custodial and child support responsibilities
8. The ability of the spouse seeking support to become self-supporting and the time and training necessary
9. Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
10. Whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
11. The age and health of both spouses
12. The present and future earning capacities of both spouses
13. Any other factor the court deems just and equitable
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].
Spouse's Name After Divorce
At the wife's request, upon divorce the court may restore her maiden or other former name.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240a].
Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].
Child Support After Divorce
Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific Child Support Guidelines in the statute and which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered are:
1. The financial resources of the child and the parents
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional health of the child and any special needs or aptitudes of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The tax consequences to each parent
6. The non-monetary contributions that the parents will make towards the care and well-being of the child
7. The educational needs of either parent
8. Whether 1 parent's income is substantially less than the other parent's
9. The needs of other children of the non-custodial parent
10. If the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
11. Any other relevant factors
Residency Requirements for Divorce in New York
If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].
Legal Grounds for Divorce in New York
1. No Fault Divorce:
1. Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized
2. Living separate and apart for 1 year under the terms of a judicial separation decree
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].
2. General Divorce:
1. Adultery
2. Abandonment for 1 year
3. Imprisonment for 3 or more consecutive years
4. Cruel and inhuman treatment
[Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].
Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are:
1. Adultery
2. Abandonment
3. Imprisonment for 3 or more consecutive years
4. Neglect of and failure to provide support for a wife
5. Cruel and inhuman treatment
If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:
1. The spouses were married in New York and either spouse is still a resident
2. They once resided in New York and either spouse is still a resident
3. The grounds for legal separation arose in New York
In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].
Simplified/Special Divorce Procedures in New York
A summary divorce may be granted in New York if:
1. The spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement (and)
2. Satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement
There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].
Divorce Mediation or Counseling Requirements
There are no legal provisions in New York for divorce mediation.
Divorce Property Distribution
New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The income and value of each spouse's property at the time of the marriage and at the time of filing for divorce
3. The probable future economic circumstances of each spouse
4. The length of the marriage
5. The age and health of the spouses
6. The amount and sources of income of the spouses
7. The probable future financial circumstances of each spouse
8. The potential loss of inheritance or pension rights upon dissolution of the marriage
9. Whether the property award is instead of or in addition to maintenance
10. Custodial provisions for the children and the need for a custodial parent to occupy the marital home
11. The type of marital property in question
[whether it is liquid or non-liquid]
12. The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse
13. The tax consequences to each party
14. The wasteful dissipation of assets
15. Any transfer of property made in anti-cipation of divorce
16. Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse
17. Any other factor necessary to do equity and justice between the spouses
Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].
Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors:
1. The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
2. Any transfer of property made in anticipation of divorce
3. The duration of the marriage
4. The wasteful dissipation of marital property
5. The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The tax consequences to each spouse
7. Any custodial and child support responsibilities
8. The ability of the spouse seeking support to become self-supporting and the time and training necessary
9. Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
10. Whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
11. The age and health of both spouses
12. The present and future earning capacities of both spouses
13. Any other factor the court deems just and equitable
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].
Spouse's Name After Divorce
At the wife's request, upon divorce the court may restore her maiden or other former name.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240a].
Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].
Child Support After Divorce
Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific Child Support Guidelines in the statute and which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered are:
1. The financial resources of the child and the parents
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional health of the child and any special needs or aptitudes of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The tax consequences to each parent
6. The non-monetary contributions that the parents will make towards the care and well-being of the child
7. The educational needs of either parent
8. Whether 1 parent's income is substantially less than the other parent's
9. The needs of other children of the non-custodial parent
10. If the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
11. Any other relevant factors
California Divorce Laws
Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage 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. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].
Legal Grounds for Divorce in California
1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].
Legal Separation in California
The grounds for obtaining a legal separation in California are:
1. Irreconcilable differences
2. Incurable insanity.
A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].
Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:
1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved
Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].
Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].
Divorce Property Distribution
California is a "community property" state. 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, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:
1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:
1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].
Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].
Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:
1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending
A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:
1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order
Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage 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. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].
Legal Grounds for Divorce in California
1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].
Legal Separation in California
The grounds for obtaining a legal separation in California are:
1. Irreconcilable differences
2. Incurable insanity.
A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].
Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:
1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved
Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].
Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].
Divorce Property Distribution
California is a "community property" state. 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, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:
1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:
1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].
Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].
Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:
1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending
A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:
1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order
Colorado Divorce Law
Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:
1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:
1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
Residency Requirements for Divorce in Colorado
One spouse must have been a resident of Colorado for 90 days prior to filing for dissolution of marriage. The dissolution of marriage may be filed for in: (1) the county where the respondent resides or (2) the county in which the petitioner resides if the respondent has been served in the same county or is a non-resident of Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106 and Colorado Rules of Civil Procedure, Rule 98].
Legal Grounds for Divorce in Colorado
1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Colorado.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Legal Separation in Colorado
If there has been an irretrievable breakdown of the marriage, the spouses may file for a legal separation. One spouse must have been a resident of Colorado for 90 days prior to filing for legal separation.
[Colorado Revised Statutes; Article 10, Section 14-10-106].
Simplified/Special Divorce Procedures in Colorado
A dissolution of marriage may be obtained by affidavit of either or both of the spouses if:
1. There are no minor children and the wife is not pregnant or both spouses are represented by counsel and have entered into a separation agreement granting custody and child support
2. There are no disputes
3. There is no marital property or the spouses have agreed on the division of marital property
4. The adverse party (non-filing spouse) has been served with the dissolution of marriage papers
A signed affidavit stating the facts in the case must be filed with the petition.
[Colorado Revised Statutes; Article 10, Section 14-10-120.3].
Divorce Mediation or Counseling Requirements
At the request of either spouse or their attorney, or at the discretion of the court, the court may appoint a marriage counselor in any dissolution of marriage or legal separation proceeding and delay the proceedings for 30 to 60 days to allow for counseling. In addition, the court may order a parent of a child under 18 years of age to attend a program concerning the impact of separation and dissolution on children. Finally, a court may appoint an arbitrator to resolve disputes between parents concerning child support and custody.
[Colorado Revised Statutes; Article 10, Sections 14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
Divorce Property Distribution
Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following:
1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children
4. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
[Colorado Revised Statutes; Article 10, Section 14-10-113].
Alimony and Spousal Support
Either spouse may be awarded support for a just period of time, without regard to any marital fault. If the spouses' combined income is over $75,000.00, the monthly temporary maintenance to the lower-earning spouse will be 40% of the higher-earning spouse's income less 50% of the lower-earning spouse's income. If the spouses' combined income is over $75,000.00, maintenance is only allowed if the spouse seeking maintenance:
1. Lacks sufficient property, including his or her share of any marital property, to provide for his or her needs
2. Is unable to support himself or herself through appropriate employment, or has custody of a child and the circumstances are such that the spouse should not be required to seek employment outside the home
For couples with over $75,000.00 joint income, the award of maintenance is based upon the following factors:
1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses
8. Any custodial and child support responsibilities
Maintenance payments may be ordered to be paid directly to the court for distribution to the spouse.
[Colorado Revised Statutes; Article 10, Sections 14-10-114 and 14-10-117].
Spouse's Name After Divorce
There is no legal provision in Colorado for restoration of the spouse's name upon divorce. However, there is a general statute which allows for the change of a person's name upon petition to the court.
[Colorado Revised Statutes; Article 10, Section 13-15-101].
Child Custody After Divorce
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved
6. The relationship of the child with parents, siblings, and other significant family members
7. Any child abuse or spouse abuse by either parent
8. Whether a parent's past involvement with the child reflects a system of values, time commitment, and mutual support
9. The physical proximity of the parties to each other
10. The ability of each party to place the needs of the child ahead of his or her own needs
Visitation may be restricted if there is a danger to the child.
Joint custody may be awarded on the petition of both parents if they submit a reasonable plan for custody. The plan submitted to the court for joint custody should address the following issues:
1. The location of each parent
2. The periods of time during which each parent will have physical custody of the child
3. The legal residence of the child
4. The child's education
5. The child's religious training, if any
6. The child's health care
7. Finances to provide for the child's needs
8. Holidays and vacations
9. Any other factors affecting the physical or emotional health or well-being of the child
The actual joint custody award is based on all of the factors involved in standard custody decisions and on the following additional factors:
1. The ability of the parents to cooperate and make decisions jointly
2. Whether the past pattern of involvement of the parents with the child reflects a system of values and mutual support which indicates the parent's ability as joint custodians to provide a positive and nourishing relationship with the child
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
[Colorado Revised Statutes; Article 10, Sections 14-123, 14-124, and 14-129].
Child Support After Divorce
The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors:
1. The financial resources of the child
2. The financial resources of the custodial parents
3. The standard of living the child would have enjoyed if the marriage had not been dissolved
4. The physical and emotional conditions and educational needs of the child
5. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
California Divorce Laws
Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage 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. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].
Legal Grounds for Divorce in California
1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].
Legal Separation in California
The grounds for obtaining a legal separation in California are:
1. Irreconcilable differences
2. Incurable insanity.
A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].
Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:
1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved
Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].
Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].
Divorce Property Distribution
California is a "community property" state. 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, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:
1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:
1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].
Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].
Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:
1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending
A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:
1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order
The parent required to pay may be required to give reasonable security for the support payments. In addition, there are detailed and extensive statutory provisions in California relating to the securing of child support payments. Please consult the statutes directly if this is an important factor.
[Annotated California Code; Sections 3024, 3622, 4001, 4050, Judicial Council Forms, and California Rules of Court].
Residency Requirements for Divorce in California
A spouse filing for dissolution of marriage 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. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State.
[Annotated California Code; Sections 297, 298, 2320, and 2339].
Legal Grounds for Divorce in California
1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
[Annotated California Code; Section 2310].
2. General Divorce: Incurable insanity.
[Annotated California Code; Section 2310].
Legal Separation in California
The grounds for obtaining a legal separation in California are:
1. Irreconcilable differences
2. Incurable insanity.
A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for.
[Annotated California Code; Sections 2310 and 2320].
Simplified/Special Divorce Procedures in California
A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if:
1. Either spouse has met the residency requirement for a standard dissolution of marriage
2. There is an irremediable breakdown of the marriage due to irreconcilable differences
3. There are no children born of or adopted during the marriage
4. The wife is not pregnant
5. Neither spouse owns any real estate
6. There are no unpaid debts exceeding $4,000 incurred during the marriage
7. The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $25,000
8. Neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value
[On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]
9. The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement
10. The spouses waive any rights to spousal support [maintenance]
11. The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment
12. The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk
13. Both spouses desire that the marriage be dissolved
Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county.
[Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].
Divorce Mediation or Counseling Requirements
When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.
[Annotated California Code; Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court Rule 1224].
Divorce Property Distribution
California is a "community property" state. 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, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to 1 spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if 1 of the spouses has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts:
1. Those incurred prior to marriage
2. Any separate debts during the marriage that were not incurred to benefit the community (marriage)
3. Their equitable share of any community debts made during the marriage
4. Any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
[Annotated California Code; Sections 2501, 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].
Alimony and Spousal Support
The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are:
1. Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment
2. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
3. The standard of living established during the marriage
4. The duration of the marriage
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
6. The needs and obligations of each spouse
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age and health of the spouses
9. The physical and emotional conditions of the spouses
10. The tax consequences to each spouse
11. The ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living
12. The balance of hardships to each party
13. Any other factor the court deems just and equitable
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse. The goal is specifically to make the supported spouse self-supporting in a reasonable period of time (generally considered to be half the length of the marriage).
[Annotated California Code; Section 4320, 4324, and 4330].
Spouse's Name After Divorce
On a party's request, the court shall restore a spouse's former or birth name, regardless of the last name of any custodial child.
[Annotated California Code; Section 2080 and 2081].
Child Custody After Divorce
Joint or sole custody may be awarded based on the best interests of the child and the following factors:
1. The preference of the child, if the child is of sufficient age and capacity
2. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
3. The child's health, safety, and welfare
4. Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent
5. The nature and amount of contact with both parents
6. Any habitual and continued use of alcohol or illegal controlled substances
Marital misconduct may also be considered. Custody is awarded in the following order of preference:
1. To both parents jointly
2. To either parent
3. To the person in whose home the child has been living
4. To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child
However, it is not presumed that joint custody is necessarily the preferred choice, unless there is an agreement between the parents regarding joint custody. No preference in awarding custody is to be given because of parent's sex. The court may order a parent to give the other parent 30-days' notice of any plans to change the residence of a child.
[Annotated California Code; Sections 3011, 3020, 3024, 3040, and 3042].
Child Support After Divorce
Either parent may be ordered to pay an amount necessary for the support, maintenance, and education of the child. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is determined by official forms which are available from the County Clerk of any county. These minimum payment amounts will apply unless there is a reasonable agreement between the parents providing otherwise that states that:
1. The parents state that they are fully informed of their rights regarding child support under California law
2. That the child support amount is being agreed to without coercion or duress
3. That both parents declare that their children's needs will be adequately met
4. That the right to child support has not been assigned to the county and that no public assistance is pending
A parent may be required to provide medical insurance coverage for a child if such coverage is available at a reasonable cost. An applicant for child support must complete and submit to the court:
1. An application for an expedited child support order
2. An income and expense declaration from both parents
3. A worksheet setting forth the basis of the amount of child support requested
4. A proposed expedited child support order
The parent required to pay may be required to give reasonable security for the support payments. In addition, there are detailed and extensive statutory provisions in California relating to the securing of child support payments. Please consult the statutes directly if this is an important factor.
[Annotated California Code; Sections 3024, 3622, 4001, 4050, Judicial Council Forms, and California Rules of Court].
Arizona Divorce Laws
Residency Requirements for Divorce in Arizona
One of the spouses must have lived in the state at least 90 days before filing for dissolution of marriage. The divorce should be filed in the county in which the petitioner resides at the time of filing. There is also a 60-day waiting period after the service of process on the Respondent (or after the Respondent's acceptance of service. [Arizona Revised Statutes Annotated; Title 12, Chapter 401 and Title 25, Chapters 312 and 329].
Legal Grounds for Divorce in Arizona
• No Fault Divorce: Irretrievable breakdown of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapter 312].
• General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of a "standard" marriage in Arizona. However, Arizona recognizes what is termed a "covenant marriage," which is presumably a higher standard of marriage. The grounds for dissolution of a covenant marriage are:
1. Adultery
2. Conviction of a felony which mandates imprisonment or death
3. Abandonment for over 1 year
4. Commission of domestic violence against spouse, child, or relative
5. Living separately and continuously and without reconciliation for over 2 years
6. Living separately for over 1 year after a legal separation is obtained
7. Habitual use of drugs or alcohol
8. Both spouses agree to a dissolution.
[Arizona Revised Statutes Annotated; Title 25, Chapters 312, 901, and 903].
Legal Separation in Arizona
Irretrievable breakdown of the marriage or that 1 spouse desires to live separate and apart are the grounds for legal separation in Arizona. However, if the marriage is a "covenant marriage," the grounds for legal separation are the same as the grounds for a general dissolution of a "covenant marriage" listed above, under Legal Grounds for Dissolution of Marriage. One of the spouses must live in the state of Arizona when the action for legal separation is filed. No residency time limit is specified. If 1 spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 313, 901, and 903].
Simplified/Special Divorce Procedures in Arizona
Acceptance and waiver of service is allowed. In addition, Arizona law expressly encourages separation agreements. Also, dissolution of marriage petitions may be heard before a court commissioner if an appearance and waiver is filed. [Arizona Revised Statutes Annotated; Title 25, Chapter 317, Arizona Rules of Civil Procedure; Rule 4(f), and Arizona Rules of the Supreme Court; Rule 91].
Divorce Mediation in Arizona
Prior to filing for dissolution of marriage, either spouse may ask the court to order mediation for the purpose of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further litigation. After a dissolution of marriage has been filed, either spouse may request that the dissolution of marriage proceedings be transferred to the Conciliation Court for mediation. Official forms for requesting this transfer are available from the clerk of any Superior Court. In addition, if 1 spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference. In addition, a judge may require spouses to attend conciliation conferences. Finally, there is a required delay of 60 days after the service of papers on the respondent spouse before any hearing may be held for a dissolution of marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 312, 316, 329, and 381.09+].
Divorce Property Distribution
Arizona is a "community property" state. Separate property is retained by the owner of the property. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property, and any destruction, concealment, or fraudulent disposition of community property in making the division. The court may place a lien upon a spouse's separate property in order to secure payment of child support or spousal support. A special Notice regarding debts and creditors is provided by statute and must be included on any materials served to the respondent. In addition, at the request of either spouse, the court shall order the spouses to submit a "debt distribution plan" which allocates the responsibilities for debts. Forms for this are included in Arizona Revised Statutes; Title 25, Chapter 318. [Arizona Revised Statutes Annotated; Title 25, Chapter 318]
Alimony and Spousal Support
Maintenance can be awarded to either spouse, if the spouse seeking maintenance:
1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through appropriate employment
3. Is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home
4. Lacks earning ability in the labor market to adequately support himself or herself
5. Contributed to the educational opportunities of the other spouse
6. Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.
Marital misconduct is not a factor to be considered. The factors to be considered are:
1. The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse
2. The time for the spouse to acquire education and training for suitable employment
3. The spouse's future earning capacity
4. The spouse's standard of living during the marriage
5. The duration of the marriage
6. The ability of the spouse providing maintenance to meet his or her needs while providing the maintenance to the other
7. The financial resources of the spouse seeking maintenance (including marital property awarded and the spouse's ability to meet his or her needs independently)
8. Any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property
9. The comparative financial resources of the spouses including their comparative earning capacities
10. The age of the spouses
11. The physical and emotional condition of the spouses
12. The usual occupations of the spouses during the marriage
13. The vocational skills of the spouse seeking maintenance
14. The ability of both parties to contribute to the future educational costs of any children
15. Any other factors the court may deem just and equitable.
Awards of maintenance are to be paid through the court unless the spouses agree otherwise. Maintenance agreements may be made non-modifiable by agreement of both spouses. [Arizona Revised Statutes Annotated; Title 25, Chapters 319 and 322].
Spouse's Name After Divorce
A spouse's former or maiden name may be restored upon request. [Arizona Revised Statutes Annotated; Title 25, Chapter 325]
Child Custody After Divorce
In awarding custody, the court considers the best interests of the child and the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of the child and the parents
6. The relationship between the child and the parents and any siblings
7. Any evidence of significant spouse or child abuse
8. Any coercion or duress in obtaining a custody agreement
9. Which parent(s) have provided primary care of the child.
No preference is to be given on the basis of the parent's sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the general child custody factors (above) and the following additional factors:
1. That neither parent was coerced or influenced by duress into withholding or granting his or her agreement to joint custody
2. That the parents can sustain an ongoing commitment to the child
3. That the joint custody agreement is logistically possible.
Grandparents and great-grandparents may be awarded visitation rights. [Arizona Revised Statutes Annotated; Title 25, Chapters 401+ and Arizona Case Law].
Child Support After Divorce
Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:
1. The financial resources of the child
2. the standard of living of the child during the marriage
3. The physical and emotional needs of the child
4. The financial resources and obligations of both parents
5. Any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property
6. The needs of the child
7. The duration of parenting time and any related expenses.
Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific Arizona Supreme Court guidelines for child support payments available from the Clerk of any Superior Court. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign 1 or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school). [Arizona Revised Statutes Annotated; Title 25, Chapters 320, 322, and 500+].
Residency Requirements for Divorce in Arizona
One of the spouses must have lived in the state at least 90 days before filing for dissolution of marriage. The divorce should be filed in the county in which the petitioner resides at the time of filing. There is also a 60-day waiting period after the service of process on the Respondent (or after the Respondent's acceptance of service. [Arizona Revised Statutes Annotated; Title 12, Chapter 401 and Title 25, Chapters 312 and 329].
Legal Grounds for Divorce in Arizona
• No Fault Divorce: Irretrievable breakdown of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapter 312].
• General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of a "standard" marriage in Arizona. However, Arizona recognizes what is termed a "covenant marriage," which is presumably a higher standard of marriage. The grounds for dissolution of a covenant marriage are:
1. Adultery
2. Conviction of a felony which mandates imprisonment or death
3. Abandonment for over 1 year
4. Commission of domestic violence against spouse, child, or relative
5. Living separately and continuously and without reconciliation for over 2 years
6. Living separately for over 1 year after a legal separation is obtained
7. Habitual use of drugs or alcohol
8. Both spouses agree to a dissolution.
[Arizona Revised Statutes Annotated; Title 25, Chapters 312, 901, and 903].
Legal Separation in Arizona
Irretrievable breakdown of the marriage or that 1 spouse desires to live separate and apart are the grounds for legal separation in Arizona. However, if the marriage is a "covenant marriage," the grounds for legal separation are the same as the grounds for a general dissolution of a "covenant marriage" listed above, under Legal Grounds for Dissolution of Marriage. One of the spouses must live in the state of Arizona when the action for legal separation is filed. No residency time limit is specified. If 1 spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 313, 901, and 903].
Simplified/Special Divorce Procedures in Arizona
Acceptance and waiver of service is allowed. In addition, Arizona law expressly encourages separation agreements. Also, dissolution of marriage petitions may be heard before a court commissioner if an appearance and waiver is filed. [Arizona Revised Statutes Annotated; Title 25, Chapter 317, Arizona Rules of Civil Procedure; Rule 4(f), and Arizona Rules of the Supreme Court; Rule 91].
Divorce Mediation in Arizona
Prior to filing for dissolution of marriage, either spouse may ask the court to order mediation for the purpose of a reconciliation to save the marriage or to obtain an amicable settlement and avoid further litigation. After a dissolution of marriage has been filed, either spouse may request that the dissolution of marriage proceedings be transferred to the Conciliation Court for mediation. Official forms for requesting this transfer are available from the clerk of any Superior Court. In addition, if 1 spouse denies that the marriage is irretrievably broken, the court may delay the case for up to 60 days and order the spouses to attend a conciliation conference. In addition, a judge may require spouses to attend conciliation conferences. Finally, there is a required delay of 60 days after the service of papers on the respondent spouse before any hearing may be held for a dissolution of marriage. [Arizona Revised Statutes Annotated; Title 25, Chapters 312, 316, 329, and 381.09+].
Divorce Property Distribution
Arizona is a "community property" state. Separate property is retained by the owner of the property. Community or marital property (property acquired during the marriage) is divided and awarded equitably. Marital misconduct is not considered in the division. The court may consider excessive or abnormal expenditures of community property, and any destruction, concealment, or fraudulent disposition of community property in making the division. The court may place a lien upon a spouse's separate property in order to secure payment of child support or spousal support. A special Notice regarding debts and creditors is provided by statute and must be included on any materials served to the respondent. In addition, at the request of either spouse, the court shall order the spouses to submit a "debt distribution plan" which allocates the responsibilities for debts. Forms for this are included in Arizona Revised Statutes; Title 25, Chapter 318. [Arizona Revised Statutes Annotated; Title 25, Chapter 318]
Alimony and Spousal Support
Maintenance can be awarded to either spouse, if the spouse seeking maintenance:
1. Lacks sufficient property to provide for his or her reasonable needs
2. Is unable to support himself or herself through appropriate employment
3. Is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home
4. Lacks earning ability in the labor market to adequately support himself or herself
5. Contributed to the educational opportunities of the other spouse
6. Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.
Marital misconduct is not a factor to be considered. The factors to be considered are:
1. The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse
2. The time for the spouse to acquire education and training for suitable employment
3. The spouse's future earning capacity
4. The spouse's standard of living during the marriage
5. The duration of the marriage
6. The ability of the spouse providing maintenance to meet his or her needs while providing the maintenance to the other
7. The financial resources of the spouse seeking maintenance (including marital property awarded and the spouse's ability to meet his or her needs independently)
8. Any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property
9. The comparative financial resources of the spouses including their comparative earning capacities
10. The age of the spouses
11. The physical and emotional condition of the spouses
12. The usual occupations of the spouses during the marriage
13. The vocational skills of the spouse seeking maintenance
14. The ability of both parties to contribute to the future educational costs of any children
15. Any other factors the court may deem just and equitable.
Awards of maintenance are to be paid through the court unless the spouses agree otherwise. Maintenance agreements may be made non-modifiable by agreement of both spouses. [Arizona Revised Statutes Annotated; Title 25, Chapters 319 and 322].
Spouse's Name After Divorce
A spouse's former or maiden name may be restored upon request. [Arizona Revised Statutes Annotated; Title 25, Chapter 325]
Child Custody After Divorce
In awarding custody, the court considers the best interests of the child and the following factors:
1. The preference of the child
2. The desire and ability of each parent to allow an open, loving, and frequent relationship between the child and the other parent
3. The wishes of the parents
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of the child and the parents
6. The relationship between the child and the parents and any siblings
7. Any evidence of significant spouse or child abuse
8. Any coercion or duress in obtaining a custody agreement
9. Which parent(s) have provided primary care of the child.
No preference is to be given on the basis of the parent's sex. If custody is contested, all other issues in the case are decided first. Joint custody may be awarded if the parents submit a written agreement providing for joint or shared custody and it is found to be in the best interests of the child, after a consideration of the general child custody factors (above) and the following additional factors:
1. That neither parent was coerced or influenced by duress into withholding or granting his or her agreement to joint custody
2. That the parents can sustain an ongoing commitment to the child
3. That the joint custody agreement is logistically possible.
Grandparents and great-grandparents may be awarded visitation rights. [Arizona Revised Statutes Annotated; Title 25, Chapters 401+ and Arizona Case Law].
Child Support After Divorce
Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:
1. The financial resources of the child
2. the standard of living of the child during the marriage
3. The physical and emotional needs of the child
4. The financial resources and obligations of both parents
5. Any destruction, concealment, fraudulent disposition, or excessive expenditure of jointly-held property
6. The needs of the child
7. The duration of parenting time and any related expenses.
Awards of child support are to be paid through the court unless the spouses agree otherwise. In addition, there are specific Arizona Supreme Court guidelines for child support payments available from the Clerk of any Superior Court. The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust. Every child support order must assign 1 or both of the parents responsibility for providing medical insurance coverage for the child and for payment of any medical expenses not covered by insurance. Unless there is contrary evidence presented in court, the court will assume that the non-custodial parent is capable of full-time work at the Federal minimum wage (unless the parent is under 18 years of age and attending high-school). [Arizona Revised Statutes Annotated; Title 25, Chapters 320, 322, and 500+].
Alaska Divorce Law
Residency Requirements for Divorce in Alaska
The spouse filing for a divorce/dissolution of marriage must be a resident. No residency time limit is specified.
Legal Grounds for Divorce in Alaska
For No-Fault Divorce:
Incompatibility of temperament which has caused the irremediable breakdown of the marriage. [Alaska Statutes; Section 25.24.200].
For General Divorce:
1. Adultery
2. Incurable mental illness and confinement for 18 months
3. Drug abuse
4. Failure to consummate marriage
5. Conviction of a felony
6. Willful desertion of over 1 year
7. Cruel and/or inhuman treatment
8. Personal indignities
9. Habitual drunkenness
Legal Separation in Alaska
There is no specific legal provision in Alaska for legal separation.
Divorce Mediation Requirements
Either spouse may request mediation of an attempt to reach a settlement. If no request is made, the judge may order the spouses to submit to mediation if it is felt that a more satisfactory settlement may be achieved. The court will appoint a mediator. [Alaska Statutes; Section 25.24.060].
Divorce Property Distribution
Alaska is an "equitable distribution" state. Both joint and separate property which has been acquired during the marriage will be divided in a "just" manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a "fault-based" divorce action, property acquired before the marriage may be divided also. In a "no-fault" dissolution of marriage action, property acquired prior to the marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. Factors considered are:
1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties' conduct regarding their assets
7. The desirability of awarding the family home to the spouse with primary physical custody of children
8. The time and manner of acquisition of their property
9. The income-producing capacity of the property and its value
10. All other relevant factors
Non-monetary contributions to the marriage (for example: home-making) are also considered. If property is considered "community property" under a community property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such property in a just and equitable manner based on all factors, including: (1) the nature and extent of the community property; (2) the nature and extent of the spouse's separate property; and (3) the duration of the marriage. [Alaska Statutes; Sections 25.24.160 and 25.24.230].
Alimony / Spousal Support
Maintenance may be awarded to either spouse for support. The award may be made as a lump-sum or may be ordered paid in installments. Any fault of the spouses may not be taken into account. Factors considered are:
1. Length of marriage
2. Position in life of the parties during marriage
3. The age and health of the parties
4. The earning capacity of each spouse
5. The financial condition of each spouse
6. The parties conduct regarding their assets
7. The division of the spouse's property
8. All other relevant factors
Non-monetary contributions to the marriage (for example: home-making) are also considered. [Alaska Statutes; Section 25.24.160].
Spouse's Name
The name of either spouse may be changed in the Judgment for Divorce or in the Decree for Dissolution of Marriage. [Alaska Statutes; Sections 25.24.165 and 25.24.230].
Child Custody
Custody is determined with the best interests of the child in mind. Factors to be considered are:
1. The capability and desire of each parent to meet the child's needs
2. the physical, emotional, mental, religious, and social needs of the child
3. The preference of the child (if the child is of sufficient age and capacity)
4. The love and affection between the child and each parent
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent
7. Any evidence of domestic violence, child abuse, neglect, or spousal abuse
8. Any evidence of substance abuse that affects the emotional or physical well-being of the child
Neither parent is considered to be entitled to custody. [Alaska Statutes; Section 25.24.150].
Joint/shared custody may be awarded, if it is in the best interests of the child. For shared custody to be awarded, the court considers the following factors:
1. The child's needs and education
2. Any special needs of the child that may be better met by 1 parent
3. Any findings of a neutral mediator
4. The optimal time for the child to be with each parent
5. The physical proximity of the parents as it relates to where the child will reside and where the child will attend school
6. The advantage of keeping the child in the community where he or she presently resides
7. Whether shared custody will promote more frequent or continuing contact between the child and the parents
8. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
9. The fitness and suitability of each of the parents (including any evidence of substance abuse)
10. Any history of violence by either parent
11. The preference of the child (if the child is of sufficient age and capacity)
12. The stability of the home of each parent
13. Any other relevant factors
[Alaska Statutes; Section 25.20.090].
Child Support
Either or both parents may be ordered to provide child support. Child support payments may be ordered paid to a court-appointed trustee or through the state child support enforcement agency. There are official Child Support Guidelines contained in Alaska Rules of Civil Procedure; Rule 90.3. These guidelines are presumed to be correct unless there is a showing that the amount would be manifestly unjust under the particular circumstances in a case. Factors for deviation from the guidelines are:
1. Especially large family size
2. Significant income of the child
3. Health or other extraordinary expenses
4. Unusually low expenses
5. The parent with the child support obligation has an income below Federal poverty level
6. Any other unusual circumstances
For parents with income over $72,000, the above 6 factors do not apply. In those instances, the factors are:
1. That an increased award is just and proper
2. The needs of the children
3. The standard of living of the children
4. The extent to which the standard of living of the children should be reflective of the parent's ability to pay.
Each parent must file a verified statement of income. There is a Child Support Guidelines Worksheet contained in Alaska Rules of Civil Procedure; Rule 90.3. [Alaska Statutes; Sections 25.24.160 and 25.27.110 to 25.27.900, and Alaska Rules of Civil Procedure; Rule 67 and 90.3].