The legislation which define the grounds for registering a dissolution of marriage process within the state of California are in Section 2310 of the California Code, and this particular section suggests that there are just two grounds for filing. One of these is actually incurable insanity, and as expected it is quite rarely used. The reason for almost all dissolution of marriage procedures in the state is irreconcilable differences, and so there's no provision within the California Code for submitting a dissolution process based on fault, or perhaps the marital wrong doings of one of the former spouses. This simple fact has very profound ramifications, considering that within states which provide for at-fault divorces, marital misconduct can be taken into consideration in cases where the court has been charged with the responsibility of making a ruling within a contested divorce or dissolution of marriage case. This no-fault procedure happens to be set up in California in order to promote cooperation and fairness between the divorcing partners in an effort to lessen the volume of contested divorce cases that end up being heard.

Due to the fact that the whole process of divorce takes place between a couple which is unable to get on sufficiently to stay in the relationship, it becomes logical to expect that a significant percentage of divorce scenarios will be contested. However, statistical information suggests that this is just not the way it is. It is estimated that some 95% of divorce procedures in the United States are uncontested, so people often will be able to work collectively to create conditions that happen to be reasonable to each of those concerned.

The principal issues that have to be settled upon fall into two categories typically. There are financial issues, as well as factors relating to the children if the husband and wife involved do indeed have dependent children. Child custody is often a contested matter, and whether or not there'll be any spousal support payments to be made may also be a contentious situation. Whenever there's a child custody contest, mediation is a preferred option. Sections 3160-3165 of the California Family Code cover the details concerning the use of a 3rd party mediator to help direct mothers and fathers that happen to be involved in some sort of custody dispute toward an amenable conclusion that is in the best interests of the child or children concerned.

Monetary factors including the distribution of shared property and potential spousal support payments can also be factors of contention. As the numbers indicate, these kind of matters can generally be solved privately, however when they can't, all the conditions will be determined by the court.

For those who have questions or worries about a contested divorce, contact a San Diego family attorney to request a free assessment. The best divorce attorney San Diego will give you the help you'll need with all aspects of a San Diego CA divorce.