California Family Law — Frequently Asked Questions

Fam. Code §2339 California has a mandatory six-month waiting period from the date the respondent is served before a divorce can be finalized. This is the absolute minimum time—most divorces take longer depending on complexity.

Typical timelines:

• Uncontested divorce: 6-9 months
• Moderately contested: 12-18 months
• High-conflict/complex: 2+ years

Factors affecting timeline include: level of agreement between parties, complexity of assets, custody disputes, court backlog, and willingness to negotiate.

Fam. Code §2320 To file for divorce in California:

• At least one spouse must have been a California resident for at least 6 months
• That same spouse must have been a resident of the county where filing for at least 3 months

If you don't meet these requirements, you can file for legal separation first and amend to divorce once residency is established.

Fam. Code §3011 California courts determine custody based on the "best interests of the child" standard. Courts consider numerous factors including:

• Child's health, safety, and welfare
• History of abuse or domestic violence
• Nature and amount of contact with each parent
• Use of controlled substances or alcohol
• Child's ties to home, school, and community

California policy favors frequent and continuing contact with both parents, absent circumstances that would endanger the child.

Fam. Code §4055 California uses a statewide guideline formula that considers:

• Each parent's income
• Time-share percentage with the child
• Tax deductions
• Mandatory retirement contributions
• Health insurance premiums
• Hardship deductions (if applicable)

The formula is designed to ensure children receive consistent support based on parents' financial abilities.

Fam. Code §4320 Courts must consider 14 factors including:

• Earning capacity of each party
• Standard of living during marriage
• Length of marriage
• Age and health of both parties
• Contributions to the other party's education/career
• History of domestic violence
• Tax consequences
• Goal of supported party becoming self-supporting

Fam. Code §760 Community property is all property acquired during marriage while domiciled in California. This includes:

• Income earned by either spouse during marriage
• Real estate purchased during marriage
• Retirement contributions made during marriage
• Businesses started during marriage

Community property is divided equally (50/50) in divorce unless the parties agree otherwise.

Fam. Code §6203 You may be eligible for a domestic violence restraining order if you have been abused by:

• A spouse or former spouse
• A cohabitant or former cohabitant
• Someone you dated or were engaged to
• The other parent of your child
• A close family member

"Abuse" includes physical violence, threats, harassment, stalking, and destruction of property.

You are not legally required to have an attorney for divorce. However, consider hiring a lawyer if:

• You have significant assets or debts
• You own a business
• You have children and custody is disputed
• There is a history of domestic violence
• Your spouse has an attorney
• You don't understand your legal rights

Even in amicable divorces, having an attorney review your agreement can prevent costly mistakes.

Divorce costs vary widely based on complexity and level of conflict:

• Uncontested divorce: $1,500 - $5,000
• Moderately contested: $10,000 - $30,000
• High-conflict/complex: $50,000+

Factors affecting cost include: attorney fees, court filing fees, expert witness fees, discovery costs, and the amount of time required to resolve disputes.

Yes, custody and support orders can be modified when there has been a material change in circumstances. Common reasons include:

• Significant change in income
• Change in custody arrangement
• Relocation
• Change in child's needs
• Failure to follow existing orders

You must file a Request for Order with the court to modify existing orders.

Legal custody is the right to make important decisions about your child's upbringing, including education, healthcare, and religious training. Legal custody can be joint (shared) or sole (one parent).

Physical custody refers to where the child primarily lives. Joint physical custody means the child spends substantial time with both parents. Sole physical custody means the child primarily lives with one parent, while the other typically has visitation.

Your spouse cannot prevent you from getting a divorce by refusing to sign. California is a no-fault divorce state—you only need to state that irreconcilable differences have caused the irremediable breakdown of the marriage.

If your spouse doesn't respond to the petition within 30 days, you can request a default judgment. If they respond but won't cooperate, the case proceeds as a contested divorce.

Fam. Code §3044 When a court finds that a parent has perpetrated domestic violence within the past five years, there is a rebuttable presumption that awarding custody to that parent is detrimental to the child.

The abusive parent must overcome this presumption by proving that custody would be in the child's best interest despite the domestic violence. Courts consider whether the parent has completed counseling, substance abuse treatment, and whether there have been further acts of violence.

Fam. Code §2400 A summary dissolution is a simplified divorce process for qualifying couples. Requirements include:

• Married less than 5 years
• No children together
• Do not own real estate
• Community property worth less than $47,000
• Community debts less than $6,000
• Both spouses waive spousal support

If you qualify, summary dissolution is faster and less expensive than regular divorce.

Fam. Code §7501 If you have sole physical custody, you generally have a presumptive right to relocate with the child. However, the other parent can challenge the move.

If you have joint physical custody, you must either obtain the other parent's consent or court approval before relocating. The court will evaluate whether the move is in the child's best interest.

Always consult an attorney before relocating with children—unauthorized moves can have serious legal consequences.

The I-864 is a legally binding contract in which a U.S. citizen or permanent resident sponsor agrees to support an immigrant at 125% of the federal poverty guidelines. This obligation:

• Survives divorce
• Continues until the immigrant becomes a U.S. citizen, works 40 quarters, dies, or permanently departs the U.S.
• Can be enforced by the sponsored immigrant
• May affect spousal support calculations

To make the most of your consultation, bring:

• Any court papers you've been served with
• Financial documents (tax returns, pay stubs, bank statements)
• List of assets and debts
• Information about your children (ages, schools, schedules)
• Prenuptial or postnuptial agreements
• List of questions you want to ask

The more information you provide, the better advice your attorney can give you.

When the supporting spouse retires, they may seek modification or termination of spousal support. Courts consider:

• Whether retirement is in good faith
• Whether retirement age is reasonable for the profession
• The retiree's reduced income
• The supported spouse's financial needs
• Whether the supported spouse had time to become self-supporting

Early retirement may not justify reducing support if it appears designed to avoid obligations.