If you have a choice as to which state to file for divorce in, choosing California is often beneficial.
In cases where spouses have been living apart before divorce, they may have the ability to choose which jurisdiction they will file for divorce in. If you or your spouse have resided in California for at least 6 months, you may decide to file your divorce papers in a California court. Here are some of the key benefits of filing for divorce in California as opposed to certain other states.
California is a No-Fault State
One huge benefit of filing for divorce in California is that our family law code does not require the establishment of wrong-doing on either spouse’s part in order to grant the divorce. This simplifies the process greatly, saving your attorney hours of work and saving you from the pain of digging up bad memories. By contrast, in other states such as Missouri, if one spouse resists the divorce, specific legal grounds for divorce must be established.
California Considers Standard of Living in Spousal Support
When you file for divorce in California, the court will consider numerous factors in the creation of a spousal support order, including the supported spouse’s ability to maintain a standard of living similar to that which they enjoyed during the marriage. This is true in almost all states, with a few exceptions such as Kansas, Louisiana, and Indiana.
California is a Community Property State
In California, all income earned by spouses during a marriage as well as all property bought with this income will be considered joint marital property and divided equally between the two spouses at the time of divorce. It doesn’t matter whose name is on the title or deed of the property. Most other states use the common law system of property ownership, in which any property held solely in one spouse’s name belongs to that spouse alone.
California Allows Third-Party Child Visitation Rights
If you have children, one compelling reason to file for divorce in California is to get custody and visitation agreements also created in California. California takes a very broad view of the relationships that are beneficial to a child’s best interests and allows child custody and visitation agreements to contain provisions guaranteeing access for virtually any party with a close emotional relationship to a child, including grandparents and stepparents. By contrast, in some states grandparents can’t get rights until their child passes away. In Washington state, all third-party visitation rights have been found unconstitutional.
