Does it matter who is the plaintiff in a divorce?

Does it matter who is the plaintiff in a divorce?

Plaintiff vs. In most divorces, it does not matter if you serve the divorce summons or your spouse does. The courts do not give you more or less because you or your spouse filed. You are not automatically perceived as the victim or the wronged spouse because you filed first.

Can you sue your spouse for emotional distress in California?

In California, the inability to sue your spouse (interspousal immunity) has long been abandoned. This does not mean spouses can sue each other for every intentional act which causes emotional injury to the other spouse.

What is the average alimony payment in California?

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.

Does cheating matter in California divorce?

People often worry cheating might influence the outcome of a divorce. In California, there are no direct legal consequences of committing adultery. Likewise, it’s not a valid legal ground for divorce.

Is dating during separation adultery in California?

California is a “no-fault” divorce state. This means that the court does not concern itself with arguments over why the marriage failed. So, from the court’s view, dating another person while you are still married has no effect on spousal support.

Why does divorce take so long in California?

The purpose of the waiting period is to allow divorcing couples a time to resolve their conflict and potentially reconcile as a couple, ending the divorce. If you and your spouse both agree to the divorce, you will still need to wait for the six-month period to end in order for the court to finalize your divorce.

How long does a legal separation take in California?

Unlike divorce, legal separation in California does not require any residency requirements and the date of separation takes effect immediately. Therefore, legal separation can be completed prior to the six month “minimum time frame” for divorce as there is no termination date of the marriage.

Is spousal support mandatory in California?

For longer marriages, where the parties may be older and their earning potential lower, the time the lower- or non-income earner may require support for much longer. In either case, California law requires the partner receiving support to make a good faith effort to support his or herself.