California divorce law require couples to submit a petition for dissolution which is the initial document recognized by the California courts before a couple can proceed and have a divorce. The aim of the petition is to request the court to end the marriage under stated grounds.
California divorce law allow divorce based on the following grounds. The first instance recognized as a plausible ground is irreconcilable differences. This is when couples can't be able to address their differences.
The other instance in which California courts can accept divorce petitions is when couples have incurable insanity. A divorce can be granted on grounds of incurable sanity in instances where there is adequate proof that a party to the marriage is insane. Accepted proof should be based on a psychiatric or a medical testimony proving that the spouse can't be cured.
Every divorce case in California has to declare the reasons as to why they want the divorce granted. The grounds of the divorce also have to be supported by evidence or risk a case dismissal if the evidence is lacking.
In regards to property division, the California divorce laws have a community property policy which states that all properties and debt acquired during marriage should be split equally among parties. The community property policy applies in cases where both parties can't reach on an agreement.
In terms of California's child custody laws in case of divorce, the court when making the decision first and foremost considers the safety, health and welfare of the child. The court also considers any past history of abuse by a parent. The court also considers factors such as substance abuse to make custody decisions.
Lastly, California divorce laws on child support consider the earning capacity of each party, the assets and liabilities of the parties, employment ability of both parties and also the health and age of the parties.