Divorce Lawyers in Santa Rosa and Sonoma
Ending a Marriage in California

A divorce, which is also known as dissolution of marriage, can be very difficult. To file for divorce in Santa Rosa/Sonoma County, California, a person must be a California resident for six months and a county resident for three months. When filing for divorce, there can be a six-month waiting period before the divorce becomes final.

What You Can Ask For - in Divorce

During the divorce process, a spouse can ask for child support, spousal support, custody, visitation, domestic violence restraining orders, and division of property. Attorneys McBeath & Smith understand California family law, when filing for divorce in Sonoma and Santa Rosa, California, these issues may arise:

California is a community property state. As a result, the assets and debts acquired during the marriage are divided equally at the time of divorce.

Not all property is community property. Assets acquired before the marriage are considered separate property if that property was separated from property acquired during the marriage. Property inherited from family during the marriage also will be considered separate property if it was willed to a spouse and kept separate.

The court can award a spouse support (also called alimony) after considering these factors:

• The standard of living during the marriage
• The duration of the marriage
• Each party’s needs
• Each party’s financial resources and liabilities
• The impact that the care-giving spouse working will have on the children
• Each party’s contribution to domestic duties and to the other party’s education and career building
• The tax consequences
• All sources of income available to both parties

The court’s child custody determination is based on the best interest of the child. The court considers several factors when making its determination:

• The parent who would be more likely to allow the child frequent and continuing contact with the nonresidential parent
• The history of contact between the parents and the child
• The child’s health, safety, and welfare
• The parents’ mental and physical health, including any continuing alcohol and drug use
• The child’s preference
• Evidence of child abuse

The courts in California typically base its child support determination on the following factors:

• Both parents incomes
• The number of children the parent is responsible for supporting
• The amount of time the children spend with each parent

Contact the Law Offices of McBeath & Smith to discuss your divorce action.