Divorce Law in Oakland, CA

Divorce can be a challenging and emotional experience. Nonetheless, having a basic understanding of the laws can be essential.

This article will provide an overview of the divorce process in Oakland. You will learn about how filing works, property division, and other challenges. Navigate this difficult time and move forward by reading this five-minute guide today.

Issues Involved in Oakland, California Divorce Law

The process of divorce involves several complex issues that can stir up strong emotions. As a result, these legal actions can create volatile situations for one or both parties.

Dividing Property

Dividing property, debts, and assets is one of the most contentious aspects of divorce proceedings. In states like California, anything acquired during the marriage is subject to division. That includes real estate, bank accounts, cars, and stocks.

Some states have an even split of marital property, while others have an even split. In this case, the judge evaluates the contributions made during the marriage to determine how to divide assets. Accordingly, this situation may not result in a perfect 50/50 split.

Child Support

Both parents must provide financial support for their children. The amount they should contribute depends on the child support guidelines. These rules consider income and the time spent with the children. Then, the court assigns an obligation for essential expenses such as healthcare, food, or clothing.

The state uses a guideline calculator to determine the amount of child support. The formula looks at the following factors to determine how much a parent in Oakland should pay:

The gross income minus some deductions for both parents

The amount of time each parent invests to spend time with their child

The number of children the parents have together

The tax filing status of each parent

The allowable deductions and credits for each parent

Alimony

Spousal support, also known as alimony, can significantly differ depending on the marriage. In Oakland, CA divorce courts, some of the factors considered to determine the amount are:

How long the marriage lasted
Age and health condition
The way the marital property has divided
The parental responsibilities of each parent
Any investments or assets
Earning potential and level of education
Financial needs of the spouse making the request and their ex’s ability to fulfill it

A court in Oakland may order several types of alimony for a divorce. The options a judge may deem appropriate temporarily are:

Temporary spousal support involves payments by one spouse to the other during divorce proceedings.

Short-term spousal support lasts for a limited time after the divorce finalizes. It typically happens in marriages that lasted less than 10 years.

Long-term spousal support is an extended order by the courts. The duration of the support can be indefinite.

Permanent spousal support lasts until the death of either spouse, remarriage, or further orders by the court. This type of support is rare and may be justifiable due to age, disability, or other factors.

Child Custody and Visitation

Child custody is often the most emotionally charged issue in a divorce. But it is crucial to remember that the court makes decisions based on a child’s best interests. Keeping this in mind can help you steer through this challenging process.

In Oakland, the courts define a child’s best interests using several laws in the family code. Some of the most notable are:

Family Code Section 3020 establishes that the child’s health, safety, and welfare are the court’s primary concerns.

Family Code Section 3011 mandates looking at the history of abuse, amount of contact, and drug or alcohol abuse.

Family Code Section 3022 deals with custody and visitation orders.

Family Code Section 3040 states the courts should consider the child’s age, health, and emotional ties to each parent.

Typically, courts in Oakland, California grant joint legal custody to both parents. This arrangement gives them equal legal rights to make decisions for the children.

Legal custody is separate from physical custody or visitation. Joint custody does not necessarily mean equal time-sharing. Correspondingly, sole legal custody does not prevent the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Oakland, California

If you are considering a divorce, it is essential to familiarize yourself with the required steps.

Step 1: File the Divorce Law Petition

A divorce starts when one spouse submits a legal petition to end the marriage. The document must include a legal basis for the action. Also, there must be a statement that at least one spouse meets the residency requirements. However, most states provide the option of a no-fault divorce that does not require a legal justification.

California has no-fault divorce. Accordingly, spouses in Oakland can cite “irreconcilable differences” as the reason for the divorce.

Step 2: Request Temporary Orders

The process of divorce in Oakland may span over several months. However, temporary orders can be sought and approved for various reasons, including:

Status quo orders
Alimony
Restraining orders
Child support
Child custody

It is worth requesting temporary orders early to ensure you have resources and protections.

Step 3: Serve Your Spouse and Wait for Their Response

If you file a divorce petition, you must serve your spouse with the divorce papers and file proof of service. If they accept service, they must fill out an affidavit stating so. Nonetheless, in most cases, the petitioner needs a process server or sheriff to serve the paperwork.

Step 4: Try To Come to an Agreement

A desirable outcome for those undergoing the divorce process is an uncontested divorce. This agreement can happen through direct communication or with the assistance of a mediator. It not only saves money, but it also reduces the likelihood of hostility.

Step 5: Go To Court

If both partners are unable to agree, then the case proceeds to a judge in Oakland, CA. While it may be advantageous to have the court make the final decision, it also gives little control.

In Oakland, divorce cases go to the Alameda County Superior Court. Specifically, the Family Law Division hears divorce, spousal support, and other related family law matters.

Step 6: Receive the Judgement of Divorce

The divorce law trial concludes with a final judgment of divorce. This order terminates the marriage and outlines the specifics of property and debt division. It may also deal with child custody and other relevant issues between the couple.

Work With an Experienced Oakland, California Divorce Law Attorney

If you cannot agree with your spouse, request the services of a divorce attorney in California. They can advocate on your behalf and ensure that you receive what is rightfully yours.

If your case has multiple jurisdictions, we can also connect you with an attorney across California state lines. Ask us for help online or call (866) 345-6784!