There is a no fault divorce law in California. There is no need to prove “fault” of one or the other spouse or partner in the deterioration of marriage or partnership from the court’s point of view. The grounds for divorce in California are that there are irreconcilable differences or incurable insanity. www.caparalegalservices.com
Spousal support is a discretionary order, meaning the court has great freedom in determining what amount of support, if any, should be paid in a particular case, and for how long spousal support should be paid.
Unlike child support, spousal support is tax deductible to the spouse paying it (only those payments made after a court order is in place are tax deductible), and the spouse collecting it must claim the amount received in any given tax year as taxable income.
Physical custody means where (with which parent) the child will primarily reside. A court can order that both parents have significant time with the child. This can be called “joint custody”. The court could instead order that one parent will have physical custody, and the other parent will have visitation.
After you are divorced, or the court grants an annulment, you will be single, and you can marry or become a domestic partner again. A legal separation does not end a marriage or domestic partnership.
The judge must decide the child support amount based on a guideline calculation. California has established a formula to calculate guideline child support.
It is primarily based on each parent’s tax filing status (single, married or head of household) and average monthly income.