What is a dissolution and why can’t California just call it a divorce?

At some point in the 1970s or 1980s, California decided that the word “divorce” was too casual, so it switched to the term “dissolution” for the breakup of a marriage.  Regardless of what you call it, however, every dissolution has several common issues.  Not every divorce is identical, of course, and your case may not include some of these issues (for example, if you do not have children), but many do.

In every divorce (or dissolution) case, the court has a universe of issues it may resolve. The issues are child custody and visitation, child and spousal support, property and debt division, attorney fees, and status. Here is an overview of each:

There are two aspects of the non-financial issues with your child/ren: custody and visitation (or parenting time). There is physical and legal custody, and you can have joint custody or sole custody (for one parent). Parenting plans vary like personalities. Some parents share parenting time equally and fluidly with few specifics written down. Some parents have to have every detail recorded in excruciating detail. There are some “standard” parenting plans, but by no means are they uniform.

Child and spousal support are also issues in a divorce case. Support is calculated using a software program adopted by the State of California. You can find it for free here: Support Calculations. Permanent, or long-term, spousal support is calculated using a variety of qualitative factors not necessarily related to the software, however.

The court will also divide all property and debt you and your spouse acquired during your marriage. This includes any real property, or homes, as well as personal property, vehicles, bank and stock accounts, 401Ks and pension/retirement accounts, and any and all debt. California law provides for EQUAL division of all property and debt incurred during the marriage.

The court can and will also resolve the issue of attorney fees, particularly if the incomes of the spouses are very different. If one spouse makes the majority of the money in the household, the court will likely order that spouse to pay the majority of the attorney fees.

Finally, there is the issue of your status. Your status is whether you are divorced or single. You can separate, or bifurcate, the issue of your status and become divorced if you feel your case is taking too long. Divorce cases can last several years. Most often, your status is dissolved, making you a single person, at the resolution of your case. The earliest this can happen is six months and one day from the time the Petition was served on the Respondent.

Child Support Calculations in California

When I first meet with a family law client, if the individual has children one of the initial questions is invariably what child support will be. To my client’s frustration, I am not able to answer that question because child support is calculated in a complex manner in California. In some states, child support is calculated in a straightforward manner, such s simply taking a percentage of income. In California, this is not the case.

California uses a software program to calculate child support (the California Department of Child Support Services has it here: Child support calculator. The program takes you and your co-parent’s gross income, the percentage time share that you spend with your children, certain deductions (mortgage interest, union dues, mandatory retirement payments, for example), then it calculates your taxes and determines the appropriate ‘guideline’ child support by using a complicated calculation that the California legislature adopted years ago. Once the inputs to the program are determined (or ordered by a judge), the number that the program shows for child support is mandatory for the judge to order unless BOTH parties agree to something different (which happens rarely). Even if both parties agree to a different amount, either party may come back at ANY TIME to modify the support to the guideline level.

In California, then, the critical part of negotiating child support is knowing how the input numbers can be modified or calculated to your advantage. For example, take the time share itself. If you calculate using days versus hours, you could come out with a very different result. Bonus or overtime income is also a tricky issue, as it’s not consistent. You have to be careful that it’s not overlooked in situations where, like in construction, some seasons have little or no overtime (and some have a great deal). If you’re calculating support on the outside of a ‘dry spell’ for overtime, then you could miss the upcoming overtime. If you don’t look back twelve months, similarly, you could in November overlook a substantial holiday bonus coming in December.

Finally, as a family law litigant you have to understand that the smallest change – often unknown until the day of your hearing – can make all the difference in the world for purposes of child support. You can plan and prepare as many printouts of the child support program as you can think of, but if you get to court and the payor has lost his job the day before, that will change the situation dramatically. It is extremely important, therefore, to have a qualified professional helping you to do the calculations so that you can maximize the potential benefit to you.

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Filing your California divorce case: when and who should go first?

A critical issue that comes up in almost EVERY family law case is: when to file and who should file first.

For either a divorce or other family law case, my general feeling is that it is important to file as soon as possible. Every situation is different, and there are situations where it is a better idea to wait, but in general the best option is to file as soon as possible, or as soon as you realize you need to.

It doesn’t matter who files first, and when you file (whether it’s a divorce or paternity action), you will either be the Petitioner or the Respondent. It doesn’t matter at all which you are.

The key reason why it’s important to file as soon as you can are two-fold. First, once the Respondent is served with the paperwork you have filed, the Automatic Temporary Restraining Orders (ATROs) go into effect. They are located on the back of the Summons, and prevent either party from disposing of or acquiring property – separate property or community property -from leaving the State of California with your child (without the permission of the other party), and changing benefits or beneficiaries on accounts or insurance, like life, health, and car insurance and retirement, bank and stock accounts. The second important reason to file as soon as possible is to get the date of separation determined. I’ve already talked about the importance of the date of separation, so I won’t repeat myself. But nailing down that date is beneficial to everyone.

Critical dates in California divorce: What is your date of marriage and date of separation?

On the Family Law Dissolution Petition, you have to state your date of marriage and date of separation. These can be critical issues, even if it doesn’t seem so at a passing glance.

The date of marriage is generally not the big issue, as the date is not only commonly known by the couple as their anniversary, but it’s recorded on the publicly-recorded marriage certificate.

The date of separation is trickier. This is the date that you and your spouse physically separated and had the intent to “separate and live forever apart.” If you continued to live in the same house, this can be a difficult date to pinpoint. But what you must understand is that this is generally not a big deal because both parties frequently agree on the date of separation (I think it’s the day when you both knew/decided it was forever and finally over).

But it CAN be a big deal in certain situations. For example, say one party wins the lottery, and then says that the date of separation was before the win (thus making it the winner’s separate property as opposed to be divided equally between the couple). In that case, the issue of the date of separation can be separately litigated in a trial. The court will look at the physical separation of the parties – did they live apart, for example – as well as the intent of the parties and the way they “held themselves out” to others. This involves looking at what others though, such as their friends and family. Did they think they were together or separated? Finally, the court has a pretty strong presumption that the later date is the date of separation.

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California divorce terminology

I am often asked about the terms I use. Here’s a couple:

The term “Family Law” encompasses all kinds of cases, such as divorce, child custody and support, paternity cases, adoptions, domestic partnerships, guardianships, child support cases with the Department of Child Support Services, and modifications to existing orders.

The term “dissolution” is a fancy way of saying divorce. At some point, California decided that the word “divorce” was insufficient and that, for a divorce case, we would call it a “dissolution of marriage.”

“Spousal support” is also called alimony or “separate maintenance.”  While other states do, California does not distinguish between alimony and spousal support.  In California divorce, the term spousal support is the correct one.

What is a dissolution and why can’t California just call it a divorce?

At some point in the 1970s or 1980s, California decided that the word “divorce” was too casual, so it switched to the term “dissolution” for the breakup of a marriage.  Regardless of what you call it, however, every dissolution has several common issues.  Not every divorce is identical, of course, and your case may not include some of these issues (for example, if you do not have children), but many do.

In every divorce (or dissolution) case, the court has a universe of issues it may resolve. The issues are child custody and visitation, child and spousal support, property and debt division, attorney fees, and status. Here is an overview of each:

There are two aspects of the non-financial issues with your child/ren: custody and visitation (or parenting time). There is physical and legal custody, and you can have joint custody or sole custody (for one parent). Parenting plans vary like personalities. Some parents share parenting time equally and fluidly with few specifics written down. Some parents have to have every detail recorded in excruciating detail. There are some “standard” parenting plans, but by no means are they uniform.

Child and spousal support are also issues in a divorce case. Support is calculated using a software program adopted by the State of California. You can find it for free here: Support Calculations. Permanent, or long-term, spousal support is calculated using a variety of qualitative factors not necessarily related to the software, however.

The court will also divide all property and debt you and your spouse acquired during your marriage. This includes any real property, or homes, as well as personal property, vehicles, bank and stock accounts, 401Ks and pension/retirement accounts, and any and all debt. California law provides for EQUAL division of all property and debt incurred during the marriage.

The court can and will also resolve the issue of attorney fees, particularly if the incomes of the spouses are very different. If one spouse makes the majority of the money in the household, the court will likely order that spouse to pay the majority of the attorney fees.

Finally, there is the issue of your status. Your status is whether you are divorced or single. You can separate, or bifurcate, the issue of your status and become divorced if you feel your case is taking too long. Divorce cases can last several years. Most often, your status is dissolved, making you a single person, at the resolution of your case. The earliest this can happen is six months and one day from the time the Petition was served on the Respondent.

Need more help?  Click here for our FREE Divorce e-Course.

What is a dissolution and why can’t California just call it a divorce?

At some point in the 1970s or 1980s, California decided that the word “divorce” was too casual, so it switched to the term “dissolution” for the breakup of a marriage.  Regardless of what you call it, however, every dissolution has several common issues.  Not every divorce is identical, of course, and your case may not include some of these issues (for example, if you do not have children), but many do.

In every divorce (or dissolution) case, the court has a universe of issues it may resolve. The issues are child custody and visitation, child and spousal support, property and debt division, attorney fees, and status. Here is an overview of each:

There are two aspects of the non-financial issues with your child/ren: custody and visitation (or parenting time). There is physical and legal custody, and you can have joint custody or sole custody (for one parent). Parenting plans vary like personalities. Some parents share parenting time equally and fluidly with few specifics written down. Some parents have to have every detail recorded in excruciating detail. There are some “standard” parenting plans, but by no means are they uniform.

Child and spousal support are also issues in a divorce case. Support is calculated using a software program adopted by the State of California. You can find it for free here: Support Calculations. Permanent, or long-term, spousal support is calculated using a variety of qualitative factors not necessarily related to the software, however.

The court will also divide all property and debt you and your spouse acquired during your marriage. This includes any real property, or homes, as well as personal property, vehicles, bank and stock accounts, 401Ks and pension/retirement accounts, and any and all debt. California law provides for EQUAL division of all property and debt incurred during the marriage.

The court can and will also resolve the issue of attorney fees, particularly if the incomes of the spouses are very different. If one spouse makes the majority of the money in the household, the court will likely order that spouse to pay the majority of the attorney fees.

Finally, there is the issue of your status. Your status is whether you are divorced or single. You can separate, or bifurcate, the issue of your status and become divorced if you feel your case is taking too long. Divorce cases can last several years. Most often, your status is dissolved, making you a single person, at the resolution of your case. The earliest this can happen is six months and one day from the time the Petition was served on the Respondent.

Need more help?  Click here for our FREE Divorce e-Course.