California Family Law Attorneys

A divorce cannot be finalized until at least six months after the respondent has been served or appears, not merely six months after filing. 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.

Because every case is different, the California divorce process can take anywhere from the six-month minimum to significantly longer if there are contested issues involving children, support, or property. It’s recommended to consult with a family law attorney to understand the specific timelines and requirements of the case.

To file for divorce in California, you'll generally need to meet the residency requirement (at least one spouse must have lived in California for 6 months and in the county where you file for at least 3 months), file a Petition for Dissolution of Marriage, serve your spouse the divorce papers, exchange financial disclosures, and resolve issues involving property, support, or children to finalize your divorce.

The cost of a divorce in California depends on your situation, so no attorney can accurately quote a total cost upfront. One of the biggest factors is the level of conflict between you and your spouse. Cases with more disagreements often take more time and cost more.

You can learn more about attorney fees on our Fees & Costs page or use our calculators to estimate some of the financial aspects of your case. For the most accurate estimate, speak with one of our California divorce attorneys. After learning about your situation, they can explain what may affect the cost of your case.

We also offer our SimpleStart™ reduced retainer program to help eligible clients get started with legal representation. Learn more about how to apply for a reduced retainer.

Legal separation in California allows spouses to live separately and resolve issues like property division, child custody, child support, and spousal support without ending the marriage. Unlike divorce, legal separation does not legally dissolve the marriage.

Under California custody laws, child custody is determined based on the child's best interests. If you and the other parent can't agree on a parenting plan, California family courts may decide for you. When making that decision, the judge will focus on what's in your child's best interests.

The court may consider factors such as your child's age, health, relationship with each parent, connection to their home, school, and community, and each parent's ability to meet their needs. The judge may also consider any history of domestic violence or ongoing substance abuse.

Every family is different, so the court looks at the unique facts of each case before deciding what parenting arrangement is best for the child. California Courts offer a self-help guide with more information about how custody works in the state.

If you want to move with your child after a divorce or custody order, or the other parent is planning to relocate, California's move-away laws may affect your custody arrangement.

In a California move-away case, the court decides whether the proposed move is in the child's best interests. Depending on your custody order, the court may consider why the move is happening, how it could affect your child's relationship with each parent, the impact on school and daily life, and other facts unique to your family.

A move-away request can result in a change to the current custody order, approval of the move, or denial of the request. Because every case is different, the outcome depends on the specific circumstances.

Learn more about potential low-cost legal help in California that might be available to you.

Yes. You can ask a California court to change a child custody order if there has been a significant change of circumstances and the requested change is in your child's best interests.

Common reasons to request a custody modification include a parent's relocation, a major change in work schedules, or changes in a child's needs. To request a modification, you'll need to file the appropriate paperwork with the court and explain why the current order should be updated.

The court will review the facts of your case and decide whether changing the custody or parenting time order is in your child's best interests.

Learn more about California child custody modifications, when you can request one, and how the process works.

California calculates child support using a statewide guideline formula established by law. The formula considers factors such as each parent's income, how much parenting time each parent has, and other information required by California law. While the guideline formula is set by statute, the actual calculation can be complex.

In general, the formula uses:

• HN: The higher-earning parent's net monthly disposable income.
• H%: The percentage of parenting time the higher-earning parent has.
• TN: The combined net monthly disposable income of both parents.
• K: A factor set by California law that determines the share of income allocated to child support.

Because every family's financial situation is different, the amount of child support can vary significantly. You can use our California Child Support Calculator to get an estimate based on your circumstances. For a more personalized estimate, speak with one of our California family law attorneys about your situation.

Yes. A California child support order can be modified if there has been a change in circumstances since the current order was entered. Common reasons include a change in either parent's income, a change in parenting time, a child's changing needs, or the loss of a job.

To request a modification, you'll need to ask the court to change the existing child support order. The court will review your current circumstances and calculate support under California's child support guidelines to determine whether a modification is appropriate.

If your financial situation or parenting schedule has changed, you may be able to request an increase or decrease in child support. Learn more about California child support modifications, when you may qualify, and how the process works.

If you don't pay court-ordered child support in California, the unpaid amount doesn't go away. It becomes past-due child support (arrears), and interest may be added to the balance.

Depending on the circumstances, child support can also be enforced through wage garnishment, tax refund interception, bank account levies, liens on property, suspension of certain licenses, or other enforcement actions allowed by law. In some cases, the court may also hold a parent in contempt for willfully failing to pay a child support order.

If you're unable to make your payments because your financial situation has changed, don't wait. You may be able to ask the court to modify your child support order, but any unpaid support that accrued before the modification generally remains owed.

Get more information about California child support enforcement, see your options if you're behind on payments, and find out if you may be able to request a modification.

California is a community property state, meaning community property is generally divided equally during divorce. Property owned before the marriage, along with many gifts and inheritances, is generally considered separate property and is not divided.

In most cases, earnings and debts acquired after the date of separation are no longer treated as community property. The date of separation is when one spouse decides the marriage is over and their actions show that intent. It does not require a legal separation or living in separate homes.

Because every family's financial situation is different, determining whether property is community or separate property can be complex. Learn more about California property division and how community property laws may apply to your case.

Yes. California is a community property state. In general, property and debts acquired by either spouse during the marriage belong to both spouses and are divided equally in a divorce.

Property owned before the marriage, along with many gifts and inheritances received by one spouse, is generally considered separate property and is not divided. In some cases, separate and community property can become mixed, making property division more complex.

There is no automatic right to spousal support in California. A spouse may qualify if the court determines that support is appropriate based on the facts of the case.

When deciding whether to award spousal support, the court considers many factors, including the length of the marriage, each spouse's income and earning capacity, the marital standard of living, each spouse's needs and financial resources, and other factors listed in California Family Code § 4320.

California courts do not use a single formula to calculate every spousal support award. Instead, the amount and duration of support depend on the facts of your case. When deciding spousal support, the court considers factors such as:

• The length of the marriage or registered domestic partnership.
• The marital standard of living.
• Each spouse's income, earning capacity, and financial needs.
• Each spouse's age and health.
• The supporting spouse's ability to pay.
• Whether one spouse contributed to the other's education, training, or career.
• Any history of domestic violence.
• The balance of hardships and other factors required by California Family Code § 4320.

For temporary spousal support, many California courts use local guideline formulas as a starting point. Long-term (permanent) spousal support is not determined by a statewide formula. Instead, the court weighs the statutory factors to decide what is fair.

Use our California Spousal Support Calculator to get an estimate of temporary support. For a more accurate assessment based on your circumstances, speak with a California family law attorney.

Yes. In California, a spousal support (alimony) order can often be modified if there has been a material change in circumstances since the current order was entered.

Common reasons to request a modification include a significant change in either spouse's income, job loss, retirement, changes in financial needs, or other substantial changes that affect the ability to pay or the need for support.

Not every spousal support order can be changed. For example, if you and your former spouse agreed that support would be nonmodifiable, or if the support obligation has ended under the terms of the order, the court may not be able to modify it.

If you're seeking to increase, reduce, or end spousal support, you'll need to ask the court to modify the existing order.

To get a protective order in California, you'll need to file a request with the court explaining why you need protection. Depending on your situation, you may be able to request a Domestic Violence Restraining Order (DVRO) or another type of protective order.

If the court believes you need immediate protection, it may issue a temporary restraining order (TRO) until a hearing can be held. At the hearing, both sides have an opportunity to present evidence, and the judge will decide whether to issue a longer-term protective order.

If you're in immediate danger, call 911. Learn more about California protective orders, who qualifies, and the steps involved in requesting one.

Who qualifies depends on the type of protection order you're requesting. For a California Domestic Violence Restraining Order (DVRO), you generally must have experienced abuse or threats of abuse by someone with whom you have a qualifying relationship, such as a current or former spouse, dating partner, co-parent, close family member, or someone you live or have lived with. Abuse includes more than physical violence and may include harassment, coercive control, threats, destruction of property, disturbing the peace, and other conduct recognized under California's Domestic Violence Prevention Act.

A judge will review the facts of your case to determine whether a protective order is appropriate. If granted, the order may prohibit contact, require the other person to stay away from you, and include other protections allowed by California law.

If your situation does not qualify for a DVRO, you may still be eligible for another type of California protective order, depending on your relationship with the other person and the circumstances.

A temporary restraining order (TRO) usually lasts until your court hearing. If the judge grants a Domestic Violence Restraining Order (DVRO) after the hearing, it can last for up to 5 years. Before it expires, you may be able to ask the court to renew the order.

Find out more about how protection orders work and additional resources that may be available.