Is there an advantage to filing for divorce first in California?

Is there an advantage to filing for divorce first in California?

While the party filing an RFO gets to present his or her case first in these hearings, there is no advantage to being the petitioner or the respondent in a RFO or divorce case. As a \u201cno-fault\u201d divorce state in divorce, California courts don’t look favorably or unfavorably at who files the motion.

Who gets the house in a California divorce?

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Who Gets the House in the Divorce? If the house is separate property, the owner-spouse will get the house. If the house is community property, there are several ways it can be divided, either by agreement or court order, in the divorce judgment.

Is alimony for life in California?

Under California Law, the general presumption for duration of support is “one-half the length of the marriage,” for marriages of fewer than 10 years. Section 4336 allows the court to maintain jurisdiction over the issue of alimony in marriages of a long duration.

What is the average alimony payment in California?

Temporary alimony is determined using a guideline which varies across 5 county-based formulas: Santa Clara, Alameda, Marin, Kings, and Yolo. In general the guideline takes 35% to 40% of the higher earning spouse’s income and subtracts 40% to 50% of the lower-earning spouse’s income.

How is alimony calculated in CA?

The guideline states that the paying spouse’s support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse’s net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.