Frequently Asked Questions
Divorce & Separation
What’s the difference between divorce, legal separation, and annulment?
A divorce ends a valid marriage, a legal separation allows couples to live apart while remaining married, and an annulment declares that a marriage was never legally valid.
How long does a divorce take in California?
Every case is different, but the minimum waiting period is six months from the date papers are served. Complex cases with property, custody, or support issues may take longer.
Do I have to go to court for a divorce?
Not always. Many divorces can be settled through negotiation or mediation without appearing in court. Your attorney can guide you on the best approach for your situation.
What if my spouse doesn’t agree to the divorce?
You can still move forward. California is a “no-fault” divorce state, which means you don’t need your spouse’s consent to end the marriage.
Who gets the house and property in a divorce?
In California, property acquired during marriage is usually considered community property and divided equally. However, there are exceptions.
Child Custody & Support
How is child custody decided?
Custody decisions are based on a child’s best interest. These are complex issues but generally speaking the court looks at the health, safety and welfare. Maintaining stability and continuity are also key factors and the course of determination.
Can grandparents or other relatives get custody or visitation?
Yes. Grandparents can request visitation or custody if there is an existing bond between the child and the grand parent and the visitation is in the best interest of the child after balancing the child’s interest and the parents’ rights.
What is child support and how is it calculated?
Child support is financial assistance from one parent to another to help cover a child’s living expenses. California uses a formula based on income, custody time, and other factors.
Can child support be modified?
Yes. If your financial situation changes, you can request a modification of child support through the court.
What happens if the other parent doesn’t pay child support?
The court can enforce payment through wage garnishment, fines, or other legal actions.
Domestic Violence & Protection Orders
What is considered domestic violence?
The definition of domestic violence is quite broad. Any conduct that disturbs the peace of the Other can be domestic violence. These include, but are not limited to , physical harm, emotional abuse, threats, stalking, and other forms of harassment.
How can I get a restraining order?
You can request a restraining order through Family Court. Your attorney can help you file the necessary paperwork and represent you in the hearing.
Will a restraining order affect child custody?
Yes. Courts consider domestic violence when determining custody and may limit or supervise visitation for the abusive parent.
How long does a restraining order last?
A temporary restraining order lasts 21 to 25 days absent in an exception from the court, such as the protected party waving time. A domestic violence restraining order, which is a full restraining order, can be up to five years when it is initially issued. It also can be renewed for an additional period of time.
Spousal Support (Alimony)
What is spousal support?
Spousal support, or alimony, is financial assistance paid by one spouse to the other after separation or divorce.
How is spousal support determined?
Temporary support, which is support ordered by the court during the length of the divorce, is normally calculated by a court approved computer program. On the other hand, when determining permanent spousal support the court looks at factors under Family Code 4320.
Can spousal support be changed or ended?
Yes. Support orders can be modified if either party’s circumstances change significantly.
General Questions
Do I really need a family law attorney?
Yes, if your case involves children, property, or disputes. An attorney protects your rights and helps you navigate the legal process effectively.
How much does a family law attorney cost?
Costs vary depending on the complexity of your case. All matters other than mediation are billed hourly against a retainer, with the average retainer at our office being $7,500. During your consultation, we’ll provide a clear estimate and discuss affordable options.
How long will my case take?
The timeline depends on the type of case. In California, divorce cases require a minimum six-month cooling-off period before they can be finalized, even when both parties agree. Some matters, like uncontested divorces, may be resolved soon after that period, while others — such as custody or property disputes — can take longer. Our firm keeps clients informed every step of the way.
What should I bring to my first consultation?
Bring any court documents, financial records, and relevant correspondence about your case so we can provide the best advice possible.
Is everything I tell my attorney confidential?
Yes. All communications between you and your attorney are private and protected by law.