FAQ

California courts consider a broad set of factors when awarding spousal support. These include the length of the marriage, the standard of living established during the marriage, each spouse's earning capacity and ability to become self-supporting, the contributions each spouse made to the other's career or education, the age and health of both parties, and whether one spouse's career was interrupted by caregiving responsibilities.

California uses a statewide guideline formula set out in California Family Code section 4055. The calculation factors in both parents' net disposable incomes and the percentage of time each parent spends with the child. The greater the disparity in income or custody time, the higher the support obligation generally becomes. California also provides a free online calculator through the Department of Child Support Services, though the result produced by the calculator is an estimate.

Child support typically ends when the child turns 18. If the child is still enrolled full time in high school and has not yet graduated, support continues until graduation or the child's 19th birthday, whichever comes first. However, support obligations do not simply stop automatically when the child reaches the applicable age. There are formal steps required to terminate an active support order, and unpaid arrears continue to accrue interest at 10 percent annually under California law.

California courts apply the best interest of the child standard in all custody determinations. Judges consider a range of factors including the child's health, safety, and welfare; the nature and quality of each parent's relationship with the child; any history of abuse or domestic violence; the stability each parent can provide in terms of housing, routine, and schooling; and, in appropriate cases, the preferences of a child who is mature enough to express a reasoned view. California courts generally favor arrangements that allow children to maintain regular contact with both parents, unless safety concerns make that inappropriate. No single factor determines the outcome, and the analysis is specific to each family's circumstances.

Legal custody refers to the right and responsibility to make major decisions about a child's upbringing, including decisions about education, healthcare, and religious activities. Physical custody refers to where the child primarily lives and which parent is responsible for day-to-day care. California courts recognize four combinations: joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Joint legal custody, where both parents share decision-making authority, is common even in cases where physical custody is not equally divided.

California law allows a court to consider the preferences of a child who is of sufficient age and capacity to form an intelligent preference. Under California Family Code section 3042, a child who is 14 or older has the right to address the court directly if they wish, but the judge retains full authority to make the custody determination based on the child's overall best interests. Parents should also be aware that encouraging a child to express a preference, or placing pressure on a child to align with one parent, can itself be a factor that affects the court's view of that parent's conduct.

California law allows a court to consider the preferences of a child who is of sufficient age and capacity to form an intelligent preference. Under California Family Code section 3042, a child who is 14 or older has the right to address the court directly if they wish, but the judge retains full authority to make the custody determination based on the child's overall best interests. Parents should also be aware that encouraging a child to express a preference, or placing pressure on a child to align with one parent, can itself be a factor that affects the court's view of that parent's conduct.

Under California Family Code section 2339, no divorce can be finalized until at least six months have passed from the date your spouse is served with the divorce petition. The six-month mark is the legal floor, not the typical outcome. An uncontested divorce, where both parties cooperate and resolve all issues early, can be finalized close to that six-month window. Contested divorces, particularly those involving disputes over custody, significant property, or support, can take years in the most complex cases.

At least one spouse must have lived in California for a minimum of six months immediately before filing, and must have lived in the county where the petition is filed for at least three months. If you do not yet meet the county requirement, you may be able to file for legal separation in the interim and convert to a divorce petition once the residency threshold is satisfied.

At least one spouse must have lived in California for a minimum of six months immediately before filing, and must have lived in the county where the petition is filed for at least three months. If you do not yet meet the county requirement, you may be able to file for legal separation in the interim and convert to a divorce petition once the residency threshold is satisfied.

No. California is a no-fault divorce state. The only ground required is irreconcilable differences, meaning the marriage has broken down and cannot be repaired. Neither party needs to prove infidelity, misconduct, or any wrongdoing to obtain a divorce.

California is a community property state. Under California Family Code section 2550, all assets and debts acquired by either spouse during the marriage are generally considered community property and subject to equal division. This includes income earned during the marriage, real estate purchased during the marriage, retirement contributions made during the marriage, and debts accumulated by either spouse. Separate property, meaning assets owned before the marriage or received as a gift or inheritance during the marriage, typically remains with the original owner and is not divided.

Both spouses in a California divorce are legally required to exchange Preliminary Declarations of Disclosure, which are full financial disclosures covering all assets, debts, income, and expenses. Hiding assets is a violation of California law and can result in serious court sanctions. California Family Code section 1101 gives courts the power to award up to 100 percent of an undisclosed asset to the other spouse as a penalty for deliberate concealment.

Both spouses in a California divorce are legally required to exchange Preliminary Declarations of Disclosure, which are full financial disclosures covering all assets, debts, income, and expenses. Hiding assets is a violation of California law and can result in serious court sanctions. California Family Code section 1101 gives courts the power to award up to 100 percent of an undisclosed asset to the other spouse as a penalty for deliberate concealment.

Family law cases in California carry real legal and financial consequences that follow you long after the case closes. Decisions made during divorce, custody, or support proceedings are not easily undone. Our attorneys have over 40 years of combined experience handling these matters for clients throughout Woodland Hills, the San Fernando Valley, and the greater Los Angeles area.

The answer depends on what is at stake. If you and your spouse agree on everything, have no minor children, and your marital estate is straightforward, an uncontested process may be manageable with some guidance. But if there are children involved, significant assets, a business, or any disagreement about support or custody, the risk of not having legal representation increases substantially. Even well-intentioned agreements reached without counsel can have provisions that are unenforceable or that create problems years later.

Helpful documents include recent tax returns, pay stubs, bank and investment account statements, mortgage or lease documents, any existing court orders, and if children are involved, school and medical records that reflect the current parenting arrangement. The more context you can share, the more focused and useful your first meeting will be. If you cannot gather everything before we meet, we can work with what you have and identify what we will need going forward.

Family law attorneys typically work on an hourly basis or, for certain matters, a flat-fee arrangement. During your consultation, we will discuss fee structures, retainer requirements, and billing practices so there are no surprises. We also accept payments through LawPay for your convenience. Our team works efficiently so that your case moves forward without unnecessary delay.