No one wants to go through a divorce, but each year there are 800,000 divorces filed in the United States. Beginning in 2019, alimony payments will no longer be tax deductible for the payer. The receiver of the payment will no longer have to file alimony as a source of income. However, this is not a win for the person receiving alimony, because the payer will have less money and therefore, will not be able to pay as much alimony.
Cause For Divorce
California is a no-fault state. This means you have two choices which you can choose from concerning grounds for divorce. They are:
• Irreconcilable differences
• Incurable Insanity of the spouse
The state of California has a “cooling off” period. This means that you can file for a divorce, but there is a six-month waiting period after you file before the divorce will become final. During that period of time, you cannot remarry. You can live in the same house, or you can separate. The only way to get the waiting period to be stopped is if you filed for a legal separation. After getting a legal separation, you can request that the court convert it to a divorce and the courts can do so even if it has not been six months.
How It Works
• There are divorce papers that must be filled out (correctly) and submitted to the court.
• The couple must reveal all of their financial assets. This means money, savings, property, retirement accounts, and anything they own of value.
• The couple must come to an agreement on who gets what. (California is a 50-50 state)
• There must be an agreement on what will be done with the home.
Child support, visitation rights, child support, and alimony will be determined.
Types Of Divorce
In California, there are several different types of divorces. Your divorce lawyer is the best person to explain which will be better for your circumstances. The different types of divorce are:
A contested divorce is when the couple is not in agreement and cannot come to an agreement concerning assets, child support, alimony, or any number of things. This is the kind of divorce that usually ends up in court while the couple legally fights it out.
This is a divorce where the couple has come up with a plan that both people agree to. The agreement has to be detailed and specific. Improperly wording something in a divorce may cause you problems down the road.
A couple who each want the marriage to end fairly and peacefully are willing to hire an attorney to represent them, allowing the attorney to dissolve the marriage. They treat each other with respect and are willing to work together to keep everyone happy.
Sometimes a couple has trouble communicating. They get angry and off track easily. When left to them, their meetings turn into arguments that do not get resolved. A mediator helps the couple get through the process without resorting to hostility.
This is the easiest divorce there is in California, but you have to qualify for this divorce.
*You must have been married for five years or less
*You cannot have children
*You have limited income
*You do not own property of significant value
For more information, speak to our divorce lawyers today.