Family law

No. California is a no fault state. One spouse citing irreconcilable differences is enough, and you do not have to prove wrongdoing to end the marriage (Family Code section 2310).

Conduct can still matter for issues like custody or the handling of marital assets, but it is not required to obtain the divorce itself.

A California divorce cannot be finalized sooner than six months after the responding spouse is served or makes an appearance (Family Code section 2339). That is a floor, not an estimate.

How much longer depends on whether custody, support, property, or a business interest are contested. Cases where both people are willing to negotiate finish far faster than cases fought issue by issue.

Generally you must have lived in California for at least six months and in the county for at least three months before filing for divorce (Family Code section 2320). There are separate rules for legal separation, which can sometimes be filed sooner and later amended.

California is a community property state. Property and debt acquired during the marriage is generally community property and divided equally, while property owned before the marriage or received by gift or inheritance is generally separate.

The difficulty is rarely the rule, it is the tracing: a home with a down payment from before the marriage, a retirement account that spans both periods, a business one spouse built. Those are the places where careful work changes the outcome.

California uses a statewide guideline formula (Family Code section 4055). The main inputs are each parent's income and the amount of time each parent has the children.

Because time share drives the number, custody and support are connected, and they should be handled together rather than one at a time.

The standard is the best interest of the child. Courts weigh health, safety and welfare, the child's relationship with each parent, any history of abuse or substance use, and the stability of each home.

Judges strongly prefer parenting plans the parents reach themselves. A workable plan you help build usually beats one imposed after a fight.

Yes. Orders can be modified when circumstances change in a significant way, such as a move, a job change, a change in income, or a change in the children's needs.

Informal handshake changes are risky. If the arrangement has genuinely changed, get the order changed.

Not necessarily. Many family law matters resolve through negotiation or mediation, which is usually faster, less expensive, and less damaging to a co parenting relationship.

We prepare every case as though it may be heard, because that is what makes a reasonable settlement possible.

California courts can issue domestic violence restraining orders, including emergency and temporary orders that take effect quickly, and those orders can address custody, the residence and support.

If you are in immediate danger, call 911 first. Then call us and we will help you take the next step.

The initial consultation is free. Call (925) 390-3035 and we will walk you through where you stand and what happens next.