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- Does bad behavior matter in a California no-fault divorce? - Helene L. Taylor
- Understanding No-Fault Divorce in California
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Many of these changes had subsequent impacts on the stability of marriages. In short, the actual outcomes of no-fault divorce were completely unanticipated and unintended.
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Perhaps the most unexpected result of the no-fault divorce revolution was the creation of a divorce culture, says Allan:. By inadvertently allowing for opportunistic divorce, the law created a whole new class of inequality as many women and children entered poverty through divorce. The sheer size of this group over the span of thirty years has influenced everything from greeting cards to day care centers.
The divorce culture has led to a society with more coercion, individualism, and less commitment. He and his wife, Misty, have one daughter. Read More. By Andrew T. By Joe Carter. By Josh Wester. Related Resources Divorce And Remarriage. If one wanted out, they were granted the divorce. Last month, I mediated a case where one party was very upset the other was leaving.
Does bad behavior matter in a California no-fault divorce? - Helene L. Taylor
She wants out, and she gets out. So let her leave! Why do I have to go to? Why must I pay her for leaving the marriage, the house? Where am I suppose to go? Why is divorce a one-person show?
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Today, about 1 of 2 marriages end prior to death. Move to Arizona, Arkansas, or Louisiana. To leave a covenant marriage, the spouse requesting the divorce must prove they attended marital counseling. Interestingly, though the option for covenant marriage exists in these 3 states, very few people opt for covenant marriage.
Understanding No-Fault Divorce in California
The emotional nature of divorce is already too much. I cannot imagine a world where I have to prove someone cheated in order to divorce them.
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I do think marriage counseling should be mandatory prior to filing for divorce. California would benefit from a law mandating counseling prior to filing for divorce.
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However, only the fault of the party seeking maintenance is considered, not the party who would pay. Special needs, such as a disability, are considered in determining maintenance. The needs of one spouse and the ability of the other to pay are the primary factors in determining support amounts. Since most spouses work, spousal support if necessary at all , is usually for finite period of time and modest amount.
The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at DadsDivorce. Custody and visitation issues top the list of concerns for couples involved in a divorce. For many years to come the now ex-spouses must continue to plan their lives together and negotiate the dozens of choices that come up when raising children.
Judges will go to great lengths to get the two parties to make their own decisions and solve their own conflicts. It is typical practice to establish one parent as having primary custody. The other parent is referred to as the non-custodial parent. Regardless of the schedule, in most cases the parents are required to make important child care and upbringing decisions together.
In California, any couple which cannot agree on custody or a visitation schedule is obligated to participate in and complete a counseling program prior to their disagreement being taken up by the court. Judges that are forced to make custody and visitation decisions will base their rulings on evidence provided by the spouses and by professionals, such as psychologists, family service representatives or doctors.
The judge will also take into account any history of child abuse, drug or alcohol addictions and any protective orders that may have been issued to help determine what is in the best interest of the child. However, the courts in California tend to grant joint custody, where the parents share in the day to day care and in making decisions regarding upbringing.
Based on the above factors, most spouses come to an agreement regarding custody and visitation schedule for their children rather than depend upon a judge to decree what is best. This is an area where professional legal assistance is a must. Child support is paid by the non-custodial parent to the custodial parent to help support the children. This is normally continued until they reach the age of As with Custody, the court will support mutual agreement that the spouses may be able to make.
If the parties cannot decide upon a support amount and payment frequency, child support is set by the court and will be calculated based on the California State Guidelines and on any data that the parties may present. The State Guidelines are designed to be fair and equitable to the parents and more importantly, be in the best interest of the children.
You can calculate the child support amount for your case by either contacting an attorney, who has access to a support calculator, or by going to the County Clerk and requesting the official forms upon which you can calculate the amount likely to be set, if left to a judge. This is vital data for you to have before you discuss support with your spouse. Child Support Modification California law allows either party to apply for a change in child support payments. The law requires that before a support change will be considered by the court, a material change in the status of the parties or the children must have occurred.
This can include a change in the financial status of either party for better or worse or a change in the needs of the children such as education costs or an illness. A written agreement made prior to a marriage that describes the distribution of assets should there be a divorce is called a prenuptial agreement.