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Understanding the Fundamentals of Divorce Law

Last updated 6 years ago

As the years pass by, you may decide that you and your spouse need to file for divorce. If this is the case, it’s important that you familiarize yourself with the basics of divorce law.

  • Filing for Divorce: In the state of California, it is not required for both parties to agree to a divorce. One spouse can initiate the divorce process by filing a petition for the dissolution of marriage at their country’s superior court. If one spouse has abused or been unfaithful to the other, the wronged spouse may file for a “fault” divorce—otherwise, the divorce will be considered “no-fault.” If the marriage is deemed legally invalid due to fraud, mental instability, or other reasons, then the couple may have the marriage annulled
  • Division of Property: During a typical no-fault divorce, each spouse usually keeps the debt and belongings he or she had before the marriage, but all property acquired during the marriage is divided roughly equally. A judge will make a final ruling if a decision cannot be reached.
  • Alimony and Child Support: In order for the spouse with the lower income to live a comfortable life, the spouse with the higher income may have to pay alimony. Also, the spouse who is awarded child custody can expect to see monthly child support payments from the non-custodial parent.

If you have any questions about divorce law, contact Moreno Family Law of San Jose. Since divorce often involves high-flying emotions, it’s important that you hire a calm, collected divorce attorney to better represent your interests. Call our office today at (408) 266-9011 for more information.     


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