California Family Law Resources

Family law matters of any caliber can be riddled with tension and stress. Issues like divorce, dividing assets, or child custody disputes can quickly become overwhelming. If you need family law services, contact the experienced California family law attorneys at Cordell & Cordell to see how they can help.

California Divorce Process

How Much Does a Divorce Cost?

Every case is unique, and the total cost of your divorce may depend on a wide range of factors, including:

• Whether there are children;
• The amount and complexity of your assets;
• The length of the marriage;
• Whether there are allegations of domestic violence; and
• Whether you and your spouse can work out a settlement agreement.

Related Article: The Million-Dollar Question: How Much Will My Divorce Cost?

Divorce vs. Annulment

While a divorce ends a marriage, an annulment declares that your marriage was never valid in the first place. You may be eligible for an annulment in the following situations:

• You were under 18 when you got married;
• You were of unsound mind when you got married;
• You were tricked or forced into getting married;
• One of you cannot consummate the marriage;
• You and your spouse are close relatives; or
• One of you was already married at the time of the marriage.

Related Article: How Can A Marriage Be Annulled?

Hiring a Divorce Attorney

California law does not require you to hire an attorney, but it is a good idea. Family law issues are complex, and making mistakes on the forms you must submit to the court can be easy. An experienced divorce lawyer can advise you on the current law and how the legal process works.

Filing for Divorce

You can start your divorce case by filing a Petition for Dissolution in the Superior Court of your county. The petition must include the following information:

• Your name and your spouse’s names
• Residency information
• The dates of marriage and separation
• Grounds for divorce
• Names, age, and DOB of your children
• The arrangements you want for property division, child custody and support, spousal support, and other issues.

Service of Process

When you file your petition, the clerk will issue a summons. A process server or anyone who is at least the age of 18 who is not a party to the case must personally deliver the summons and a copy of the petition to your spouse and file Proof of Service with the court. Your spouse may sign a Notice and Acknowledgment of Receipt instead of being personally served.

If your spouse is avoiding the process server, you can have them file a declaration stating how many times they attempted service. You can then file a motion to serve the summons on your spouse through alternative means (i.e., service by publication or post).

Waiting for the Response

Your spouse has thirty days after the date of service to file a response with the court. Since California is a no-fault divorce state, your spouse cannot stop the process if they do not want the divorce.

Collecting Evidence

You can request evidence from your spouse, such as financial records, in a process known as discovery. To learn what witnesses might say in court, you can take their depositions at this time.

Negotiating a Settlement

Courts encourage people to settle divorce cases whenever possible. You and your spouse can work with your attorneys to negotiate issues like property division and child custody.

Going to Trial

If you cannot agree on some or all issues, your case may go to trial. This can greatly add to the length and expense of your case.

Additional Resources to View When Filing for Divorce

• What To Know When Filing For Divorce
• What Legal Information Do You Need To File For Divorce?

California Divorce Residency Requirements

You must live in this state for six months and in the county for 3 months immediately before or at the time you can file for a divorce. If you do not meet the county requirement, you can file for a legal separation. Then, amend your petition requesting a divorce once you meet the residency requirement. You do not, however, have to continue living here after filing your divorce petition.

If you are military and stationed out-of-state, you must file in the state and county where you live. If your posting is overseas, you must file for divorce where the other party resides.

Grounds for Divorce in California

California is a no-fault state, meaning that you do not have to prove that your spouse was to blame for the breakup of the marriage. You only need to allege “irreconcilable differences.”

The only fault-based ground for divorce in California is “incurable insanity.” This requires evidence of a mental health diagnosis from one or more medical professionals.

California Property Division Process

California has two categories of property in divorce cases:

• Community property: Most property or debt acquired during the marriage
• Separate property: Property or debt that a spouse owned before the marriage, after the date of separation, and property inherited or received as a gift.

A court can base property division on a prenuptial agreement or separation settlement. Without an agreement, California law directs courts to split community property equitably based on value.

California Child Custody Laws

California courts will usually determine child custody on several factors. The most important factor is the best interest of the child.

State law identifies two types of custody:

• Physical custody: Where the child lives and when.
• Legal custody: The right to make important decisions for the child on issues like health, education, and general welfare.

Courts can grant parenting time, also known as visitation, in four ways:

1. Reasonable: Parents can work out a visitation schedule themselves.
2. Scheduled: The court gives parents a schedule for when the child is in their care.
3. Supervised: A parent may only have visitation under someone’s supervision due to safety concerns, professionally supervised or non-professionally supervised.
4. None: Visitation with a parent would not be in the child’s best interest.

California Child Support

Parents have a legal obligation to support their children. State law calculates child support based on factors like parental income and custody arrangements. The parent who does not have primary custody of a child usually pays child support to the parent who does. But this is not always the case and should not be assumed. (If a parent who has primary custody of the children also makes significantly more than the other parent, the primary custodial parent can still end up paying the other parent.)

A child support obligation often lasts until the child turns 18 or is 19 and still a full-time high school student, legally married, or emancipated, whichever occurs first. Judges may allow the obligation to continue past this point in some instances.

California Spousal Support

The word maintenance is not utilized in California. Maintenance is referred to as spousal support.

Whether you have a right to spousal support depends on a number of factors, including, but not limited to, the following:

• Your gross annual income
• Your spouse’s gross annual income
• The age of children that you have
• The parenting time-share that has been ordered by the court
• The parties’ age and health
• The parties’ ability to be gainfully employed
• Standard of living during the marriage
• Each parties’ assets and debts
• Duration of marriage
• Balance of hardships
• Any documented evidence of domestic violence

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

Cordell & Cordell has experience helping men deal with family law issues in California. Our firm has high satisfaction ratings from our clients and former clients.

Hear What Satisfied Clients Have Said

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” – Benjamin C.

“My attorney did a fantastic job and twice now this firm has helped me very much. My attorney a few years ago was also amazing. This firm has taken great care of me and is worth the money. Everything was exceptional.” – Christopher K.

“The fact that you guys got me a lawyer and a good one so quickly I was super stoked. I wish I had used you guys for my divorce. Josiah understood my needs, and he would talk to me after hours.” – Tyler H.

Don’t Start Your Divorce Journey Alone.

Cordell & Cordell is a large law firm that helps men in various family law matters. This page serves as a resource and is not to be taken as legal advice. If you live in Sacramento or any other city in California, contact our dedicated firm today at 866-DADS-LAW (323-7529) or through the online contact form.