In California, either you or your spouse must have lived in California for at least six months before filing for divorce, and you must have lived in the county where you file for divorce for at least three months. So, once you have met the residency requirement, you can file for divorce in California.

According to California Family Code Section 2310, a divorce (officially called dissolution of marriage) can be granted on two grounds in California: 1) the irremediable breakdown of the marriage caused by irreconcilable differences or 2) incurable insanity.

California follows a “no-fault divorce” policy, which means that a divorce will be granted if one spouse states that there are irreconcilable differences that warrant the dissolution of the marriage. The court does not require actual proof of the differences, and fault is not assigned to either spouse.

However, a divorce can only be granted on the grounds of “incurable insanity” if the insane spouse was incurable at the time the divorce petition was filed and remains incurable. Proof, such as reliable medical or psychiatric testimony, is required for this ground of divorce.

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

You can learn more about the cost of a divorce attorney in California by visiting our fees & costs page. You may also be interested in our calculators to help you determine the costs associated with your unique case. However, for the best estimate on the cost of your case, we recommend speaking with one of our experienced California divorce attorneys as they can evaluate the specifics of your case and explain what you can expect. At Modern Family Law we understand the concerns many have with regards to the cost of their case. As such, we are proud to offer our one-of-a-kind SimpleStart™ reduced retainer program to help clients with affording their representation. Learn how you can apply for a reduced retainer.

Under California divorce law, a mandatory waiting period is in place, meaning that a divorce decree will not be issued until at least six months have passed since filing the divorce petition. This waiting period ensures that both parties have ample time to consider the decision and work through any necessary negotiations before the divorce is finalized. It’s recommended to consult with a family law attorney to understand the specific timelines and requirements of the case.

California law recognizes the concept of community property, which means that both spouses share equal ownership of any income or assets acquired during the marriage. Upon divorce, community property is divided equally between the spouses, and both parties are equally liable for any debts incurred during the marriage (Cal. Fam. Code §§ 760, 910 (2022)).

However, in California, the community property rule does not apply to earnings, assets, or debts acquired by either spouse after separation. While there is no requirement for a legal separation, California courts have held that the separation must be permanent for this rule to apply (Cal. Fam. Code § 771 (2022)).

Modifying a divorce decree in California is a common occurrence when the terms of the decree no longer align with your current circumstances. There are various reasons why individuals may seek to modify their divorce decrees, such as changes in financial situations or parenting time arrangements.

If you or your spouse has experienced a significant change in circumstances since the divorce was finalized, you may be eligible to modify the terms of your divorce decree. However, you will need to prove that the modification is necessary and that there has been a change in circumstances.

Examples of changes in circumstance that may warrant a modification include one spouse losing their job, one spouse remarrying, or the evolving needs of minor children as they grow older.

California is a no-fault state, meaning you are not required to provide a reason for wanting to end your marriage. Even if infidelity occurred during the marriage, it cannot be used to sway the judge’s decision regarding the division of assets and liabilities, spousal support, or child custody and support arrangements.

An annulment (or nullity) in California refers to a court order issued by a judge stating that your marriage or domestic partnership was never legally valid due to a legal issue present from the start. Obtaining an annulment renders your marriage null and void since it was never legally recognized.

To obtain an annulment, you must provide a specific legal reason why your marriage was not valid from the start, and only then can a judge grant the annulment. Examples of legal reasons for annulment include one spouse being married to another person (bigamy), getting married while under 18 when it was not legal to do so, or being tricked into marriage by your spouse. Notably, having a very short marriage alone is not sufficient legal grounds for an annulment.

In California, a legal separation is a court process where a married couple can live separately and have their rights and responsibilities defined by a court order, without officially ending their marriage. On the other hand, a divorce, also known as a dissolution of marriage, is a court process that officially terminates a marriage.

In a legal separation, the couple lives apart and negotiates a settlement agreement that outlines things such as property division, child custody, and support. This agreement is submitted to the court and, once approved by a judge, becomes a court order that the couple must follow. However, they remain legally married.

In a divorce, the marriage is officially terminated, and the court divides property, determines support obligations, and establishes custody and visitation rights, among other things. The couple may also negotiate and agree on these matters outside of court, but the final judgment of divorce is issued by a judge.

The main difference between a legal separation and a divorce is that a legal separation does not terminate the marriage, and the parties cannot remarry unless they obtain a divorce. Some couples choose legal separation over divorce for personal or religious reasons or to maintain certain benefits, such as health insurance or social security benefits, that may be lost in a divorce.

If you and your spouse are unable to come to an agreement on all or some issues in your divorce, you can seek the assistance of a mediator. By reaching an agreement through mediation before filing for divorce, you can benefit from the time and cost savings associated with an uncontested divorce.

Additionally, mediation can be used at any stage of the divorce process and even after the divorce is finalized, to help resolve disputes that may arise, such as disagreements over changes to child custody, alimony, or child support.

If you are considering divorce, it is important to take time to evaluate your situation and explore your options. Here are some steps that you can take:

1. Seek professional help: Consider seeking help from a therapist, counselor, or divorce coach who can provide guidance and support as you navigate this difficult time.

2. Consult with an attorney: If you are serious about pursuing a divorce, consult with a divorce attorney to understand the legal process, your rights, and your options.

3. Communicate with your spouse: If possible, have an open and honest conversation with your spouse about your feelings and concerns. It is important to discuss any potential issues that could arise during the divorce process, such as child custody, property division, and support payments.

4. Gather important documents: Start gathering important documents such as tax returns, bank statements, and insurance policies. These documents will be necessary during the divorce process.

5. Create a plan: Develop a plan for how you will move forward after the divorce, including financial planning and childcare arrangements if you have children.

Remember that divorce is a complex and emotional process, and it is important to take the time to make informed decisions. Seek support from friends and family, and be kind to yourself as you navigate this difficult time. Our compassionate divorce lawyers have compiled a list of their expert tips for when you are considering a divorce.

There are several types of adoption available in California, including:

1. Agency adoption: This is when a licensed adoption agency handles the adoption process and matches the child with the adoptive family.
2. Independent adoption: This is when the birth parents and the adoptive parents work together to arrange the adoption without the involvement of an adoption agency.
3. Step-parent adoption: This is when a step-parent legally adopts the child of their spouse.
4. Relative adoption: This is when a family member, such as a grandparent or aunt/uncle, adopts the child.
5. Foster parent adoption: This is when a foster parent adopts a child who has been in their care.
6. International adoption: This is when a child is adopted from a foreign country.

The California Family Code defines Domestic Partnership as a committed relationship between two adults who choose to share their lives intimately and care for each other. To be officially recognized as domestic partners, certain criteria must be met:

1. Both individuals must share a common residence.
2. They must agree to take responsibility for each other’s basic living expenses.
3. Neither person can be married or in another domestic partnership.
4. The two individuals cannot be related by blood.
5. Both persons must be at least 18 years old.
6. Both persons must be of the same sex, or over age 62 if they are of opposite genders.
7. A Declaration of Domestic Partnership must be filed with the California Secretary of State to register as domestic partner.

In California, common-law marriages are not recognized. Even if you have been living with your partner for a long time, you will not have the same rights and benefits as a married couple unless you legally marry in California.

Divorce arbitration in California is a form of alternative dispute resolution in which a neutral third party, called an arbitrator, helps couples resolve their divorce-related disputes outside of court. The arbitrator listens to both sides of the dispute, considers evidence, and makes a binding decision that the couple must follow. This is different from mediation, where the mediator helps the couple come to a voluntary agreement, but the decision is not binding.

In California, divorce arbitration can be voluntary or court-ordered. Couples who choose to use arbitration often do so because it is a faster and more private process than going to court. It can also be less expensive than traditional litigation. However, it’s important to note that the decision made by the arbitrator is final and cannot be appealed, except in limited circumstances.

If you feel that a family court judgment is unjust, California law allows you to file an appeal. You can appeal any family law court decision on child custody, visitation, spousal or child support, property division, or any other issue by requesting a review from a state appellate court.

An appeal may be based on several grounds, including lack of evidence in the case, abuse of discretion by the trial court, or the trial court’s incorrect interpretation or application of California family law. When an appeal is based on a misapplication of the law, the appeals court will use a rigorous standard of review.

However, the appellate court is limited in what it can do regarding your family law appeal. Once the trial court has finalized its judgment in California, you have a set time limit to file a notice of appeal. You must file your appeal within 60 days of the date you received the “Notice of Entry” of the court judgment or the date when the copy of the judgment (file stamped) was mailed to you.

Divorce mediation in California is a process in which a neutral third-party mediator helps a divorcing couple resolve their issues and come to a mutually agreeable settlement. The mediator facilitates communication and helps the couple identify and address issues such as child custody and visitation, division of property and assets, and spousal support.

Mediation can be an alternative to the traditional adversarial process of divorce, which involves going to court and having a judge make decisions. Mediation can be less expensive, less time-consuming, and less stressful than a litigated divorce.

The mediator is not a judge and does not make decisions for the couple. Instead, the mediator helps the couple work together to reach an agreement that they both find acceptable. Once the couple has reached an agreement, it is usually put in writing and submitted to the court for approval.

While some couples may decide to cohabitate during the divorce process, most choose to live separately. If there is no agreement on who gets to remain in the marital residence, one party can request “exclusive use and possession” of the house. If granted, the opposing spouse can no longer reside or enter the house without permission from the in-spouse or a court order.

When children are involved, it’s best to keep their environment as stable as possible. Therefore, if one parent has primary custodianship of the children, that parent would most likely receive exclusive use and possession of the house.

An Order of Protection in California, also known as a restraining order, is a court order that provides protection from abuse, harassment, or violence to someone who has been threatened or has experienced abuse or violence from another person. The order is intended to prevent contact or communication between the parties involved and may also prohibit the abuser from coming near the person seeking protection.

In California, there are several types of restraining orders, including domestic violence restraining orders, elder or dependent adult abuse restraining orders, civil harassment restraining orders, workplace violence restraining orders, and school violence restraining orders. The type of restraining order that is appropriate will depend on the relationship between the parties involved and the specific circumstances of the case.

To obtain an order of protection in California, the person seeking protection must file a petition with the court and provide evidence of the abuse or harassment. The court will then hold a hearing to determine if an order of protection is necessary and what the terms of the order should be. If granted, the order is enforceable by law enforcement and violation of the order can result in criminal charges.

Family Code Section 2030 is the standard statute that divorce lawyers in California use for attorney fees. This statute allows the court to order one party to contribute towards the attorney fees of the other party based on the need for assistance and the ability of the other party to pay, taking into account the difference in their respective incomes.

Typically, a divorce lawyer will require a retainer fee upfront to begin working on the case. Subsequently, the lawyer will seek reimbursement of this fee from the other spouse. In certain cases where the lawyer thinks that the other party is likely to contribute towards attorney fees, they may accept a lower upfront retainer and establish a manageable payment plan for the client until the other party contributes.

If you have a prenuptial agreement, the initial concern is to verify its validity and enforceability in a family court. It is possible for either you or your spouse to question the agreement’s legality. If the prenuptial agreement is unchallenged or deemed valid after being challenged, the divorce process will be significantly less complicated. Depending on the prenuptial agreement’s provisions, there may or may not be additional matters to resolve during the divorce.

In California, the obligation to provide child support typically terminates when a child reaches 18 years of age and graduates from high school. However, if the child is still attending high school full-time and is unable to support themselves, the obligation concludes either when the child graduates or when they turn 19, whichever comes first. If you have questions about your child support agreement speak to one of our California family lawyers today!

The state of California uses a formula called the Guideline Formula to calculate child support. The formula is as follows: CS = K (HN – (H%) (TN)). The resulting amount will be for one child, and you will need to multiply it accordingly if you have multiple children.

K represents the portion of the parents’ total combined income that must be allocated toward child support. The calculation takes into account the parent’s income and the amount of time the higher-earning parent spends with the child, with higher income levels attracting stepped-up percentages.

HN stands for the high net, which refers to the net monthly disposable income of the higher-earning parent.

H% represents the estimated percentage of time that the higher-earning parent will have primary physical responsibility for the child or children, compared to the other parent. If the parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the higher-earning parent spends with each child.

TN refers to the total net monthly disposable income of both parents.

(Source: Cal. Fam. Code § 4055 (2022))

You can get an estimate of what your child support payments may look like by using our child support calculator or for a better idea speak to one of our experienced attorneys.

Parents who intentionally become unemployed or underemployed to avoid paying child support are frowned upon by courts. If such behavior is discovered, the court may impute income to the offending parent. This means the court will calculate child support based on the earning capacity of the parent, rather than the actual amount they earn. However, the court must first establish that the parent has the ability and opportunity to work before imputing income. This requires evidence that there are suitable jobs available for which the parent is qualified.

The California family courts expect the paying parent to make child support payments once an order is in place. If a parent consistently fails to do so and does not attend the hearing or pay the back amount owed, a judge may issue a civil arrest warrant. Penalties for unpaid child support include fines up to $1,000 and a maximum of 5 days in jail.

For continued non-payment, additional fines and up to 12 months in jail may be imposed. If a parent continues to be in contempt of court, the consequences may escalate from a civil arrest warrant to a criminal warrant if the unpaid child support exceeds $2,500. In cases of $10,000 or more in unpaid child support, felony charges and up to 2 years in prison may be imposed. To avoid jail time, the courts usually try to collect unpaid child support through other means before resorting to penalties.

Child support arrears in California can be collected by the state until the full amount is paid off, and there is no time limit or statute of limitations on the collection of past-due child support payments.

California law allows up to 65% of a parent’s disposable earnings to be deducted for child support payments. Wage garnishment can take up to 60% of the parent’s wages, but if they have missed payments for more than 12 weeks, a 5% penalty may be added. If the parent is supporting another child who is not covered by the wage garnishment order, the maximum amount that can be deducted is 50%. However, if the parent has missed over 12 weeks of payments, a 5% penalty may also be added, bringing the maximum to 55%.

It is possible to change the amount of child support you pay or receive in California. The process for modifying child support depends on the circumstances of the case.

Either parent can request a modification of child support by filing a motion with the court that issued the original child support order. In order for the court to consider a modification of child support, there must be a material change in circumstances since the original order was issued. Examples of material changes may include a significant change in income for one or both parents, a change in the child’s living arrangements, or a change in the child’s financial needs.

If both parents agree to a modification of child support, they can submit a written agreement to the court for approval. The court will review the agreement and, if it is found to be in the best interests of the child, will issue a new child support order.

If one parent contests the modification, a court hearing will be held to determine if a modification is appropriate. At the hearing, each parent will have the opportunity to present evidence supporting their position, and the court will make a determination based on the best interests of the child.

Speak with one of our experienced California family lawyers today if you have questions concerning a child support modification.

Child support, in addition to each parent’s contribution to daily expenses during their respective parenting time, is designed to cover the majority of the expenses incurred by the receiving parent in raising the child. These expenses include basic necessities such as food, clothing, toiletries, and other essentials. Significant and exceptional expenses are generally divided between the parties based on the proportion of their combined monthly incomes.

Child support is a frequent source of conflict between divorced parents. The parent who pays may feel that the money is not being utilized for the benefit of their children, while the parent who receives it may believe that it is insufficient to cover the actual costs of raising a child.

Typically, the parent who receives child support has discretion over how the money is spent. The paying parent may request that the court mandate the receiving parent to account for the expenditure of the funds, but such orders are infrequent, and the court may require the requesting parent to cover the cost of such accounting, even if it is granted.

Typically, child support payments are not viewed as income for the recipient (also referred to as the payee) and are not eligible for a tax deduction for the payer of child support. To avoid child support payments is considered income for the recipient or tax-deductible for the payor in California, it’s crucial for court orders to specifically designate them as “child support.” Failing to do so could result in the payments not being considered child support for tax purposes. It’s worth noting that child support is different from the Child and Dependent Care Credit, which may still be claimed on federal income tax returns.

Parents have the option to create their own child support agreement, which can be submitted to the court for review and approval. The agreement should state that the parents are aware of their rights, have entered the agreement voluntarily and that it is in the best interest of the children. Additionally, the agreement should ensure that the children’s needs will be met and that neither parent is receiving or has applied for public assistance. Once the court confirms that the child support amount is in the child’s best interest, it will approve the agreement and establish a child support order.

In California, alimony (also known as spousal support) is a legal obligation for one spouse to provide financial support to the other spouse after a divorce or legal separation. The purpose of alimony is to help the receiving spouse maintain a standard of living similar to that which they had during the marriage.

In California, the terms “alimony” and “spousal support” are interchangeable and have the same meaning.

The purpose of alimony is to help the receiving spouse maintain a standard of living similar to that which they had during the marriage.

The amount of alimony in California is determined based on several factors, including:

1. The length of the marriage or domestic partnership

2. The standard of living during the marriage or domestic partnership

3. The needs of each spouse, including their earning capacity and the extent to which the supported spouse contributed to the other spouse’s education, training, or career advancement

4. The ability of the supporting spouse to pay spousal support

There are two types of alimony in California: temporary and permanent. Temporary spousal support is ordered during the divorce or separation proceedings and is designed to provide financial assistance until a final settlement is reached. Permanent spousal support, on the other hand, is ordered after the final divorce decree is issued and can continue indefinitely or for a specific period of time.

Alimony payments can be made on a monthly basis or as a lump sum and can be modified or terminated in certain circumstances, such as a change in the financial situation of either spouse or the remarriage of the receiving spouse.

In California, alimony is calculated based on a number of factors, which are set forth in the state’s family code. The factors that are considered when determining the amount of spousal support include:

1. The length of the marriage or domestic partnership
2. The standard of living during the marriage or domestic partnership
3. The age and health of both parties
4. The earning capacity and needs of each spouse, including the extent to which the supported spouse contributed to the other spouse’s education, training, or career advancement
5. The ability of the supporting spouse to pay spousal support
6. Any history of domestic violence between the parties
7. The tax consequences of spousal support

Once these factors have been considered, the court will make a determination as to the amount of spousal support that is appropriate. In some cases, the court may use a guideline formula to calculate the amount of spousal support. The formula takes into account both parties’ income and certain deductions and is intended to provide a starting point for the determination of spousal support. Try our California spousal support calculator for an estimate of your alimony or contact our experienced California family lawyers for a more accurate idea.

The duration of alimony in California depends on several factors, including the length of the marriage, the earning capacity of each spouse, and the needs of the receiving spouse. In general, the longer the marriage, the longer the duration of spousal support.

There are two types of alimony in California: temporary and permanent. Temporary spousal support is ordered during the divorce or separation proceedings and is designed to provide financial assistance until a final settlement is reached. Permanent spousal support, on the other hand, is ordered after the final divorce decree is issued and can continue indefinitely or for a specific period of time.

In cases where permanent spousal support is ordered, the duration of the support may be specified by the court or agreed upon by the parties in a written agreement. In some cases, the duration of spousal support may be indefinite, which means that it will continue until either spouse dies, the supported spouse remarries, or a court order terminates the support obligation.

However, California law does provide some general guidelines for the duration of spousal support. For marriages or domestic partnerships of less than 10 years, spousal support is generally ordered for a period of time that is equal to one-half of the length of the marriage or partnership. For marriages or domestic partnerships of 10 years or more, spousal support may be ordered for an indefinite period of time.

It is important to note that the duration of spousal support in California can be modified or terminated in certain circumstances, such as a change in the financial situation of either spouse, the remarriage of the receiving spouse, or the death of either spouse.

In California, spousal support is eligible for tax deduction without the need for itemization. To claim the deduction, there must be a court order to pay support and you must have actually paid it. Additionally, the spouse receiving the support, they are obligated to report it as income and it will be subject to taxation.

If your former spouse fails to pay court-ordered spousal support in California, there are several legal remedies available to you:

1. Seek help from the court: If your former spouse continues to refuse or neglect to pay, you can ask the court to enforce the spousal support order. You may file a motion to show cause or an enforcement request with the court.

2. Wage garnishment: California law allows for wage garnishment for spousal support payments. This means that the court can order your former spouse’s employer to deduct the support amount from their paycheck and send it directly to you.

3. Liens and levies: The court can also impose a lien on your former spouse’s property, including real estate and personal property. The court may also order a levy on your former spouse’s bank accounts or other assets.

4. Contempt of court: If your former spouse continues to refuse to pay despite the court’s orders, they may be held in contempt of court. This can result in fines or even imprisonment.

If you are facing an issue where your ex isn’t making alimony payments you should speak to one of our California divorce attorneys to review your options.

There is a widespread belief that alimony is a mandatory component of divorce or separation, but this is not the case. In fact, only around 10-15% of divorces or separations result in spousal support being included in the final judgment or decree.

The amount of spousal support is determined by the standard of living that you and your ex-spouse shared during your marriage. An increase in your income will not impact the amount of support that you are required to pay.

Yes, upon remarriage spousal maintenance will no longer be awarded to the spouse receiving the payments.