California Divorce Lawyers
Key Takeaways
- In California, divorce allows people to move beyond a marriage that does not work without applying guilt to either party. The division of assets, child custody, child support, and alimony are decisions made by the court based on the evidence provided.
- While parties can agree on virtually any decision related to the divorce, including real estate, custody, and property division, the court aims for an equitable division of property.
- Working with a California family lawyer and a dedicated team of legal professionals with specific insight into the complexities of your divorce case can be beneficial.
- Cordell & Cordell are the trusted California divorce attorneys serving the state in a wide range of family law cases.
- Key Takeaways
- California Divorce Laws
- What Are the Grounds for Divorce in California?
- How Long Does Divorce Take in California?
- What Is a Divorce Going to Cost Me in California?
- Does California Grant Divorces Based on Marital Fault?
- California Property Division
- Can I Get Spousal Support, or Will I Have to Provide It to My Spouse?
- Why Work with Cordell & Cordell?
- Start the Process of Your Divorce Today
- Frequently Asked Questions
California divorce is hard, and for men and fathers who may be facing numerous challenges, it is even more frustrating. Cordell & Cordell offers a solution by providing specific legal guidance and support for men navigating the divorce process.
Read the information on this page to receive guidance on divorce. Our California divorce attorneys can assist you in achieving your goals in California Family Court.
California Divorce Laws
California divorce laws require several steps for a resident to seek a divorce under the state’s laws. In California, neither party must prove fault in the divorce, meaning neither person must show that the other did something wrong to lead to this action. The state is a no-fault divorce state. However, there are several applicable rules.
Eligibility to file a divorce in California occurs when you or your spouse have resided in the state for at least the past 6 months, and you must have lived in your current county for the past 3 months. These residency requirements are quite specific in most situations.
There is one exception to this rule (Cal. Fam. Code § 2320 (2022) that applies when a person could not get a divorce because they were both currently living in an area that does not allow for the divorce. An example may be living in a place that does not recognize same-sex marriage.
California does not have a required separation period like other states. However, there is a 6-month waiting period that applies. That means you can file for divorce at any time but must wait 6 months from the date of service of a copy of the Summons and Petition or the date of appearance of the Respondent, whichever occurs first, before the divorce is finalized.
What Are the Grounds for Divorce in California?
In California, a spouse can file for divorce based on one of two areas:
- Irreconcilable differences: Stating that irreconcilable differences occur indicates a permanent breakdown of the marriage. See Cal.Fam.Code. § 2310.
- Legal incapacity: Competent medical or psychiatric testimony indicates that one spouse lacks the capacity to make decisions, either at the time of the petition being filed or currently. See Cal.Fam.Code. § 2312.
How Long Does Divorce Take in California?
The divorce process may take several months. There is a 6-month waiting period from the date of service of the Summons and Petition or the date of appearance of the Respondent, whichever occurs first. However, some divorce cases can stretch out for years when there are unresolved legal issues or disputes.
What Is a Divorce Going to Cost Me in California?
A divorce can become expensive quickly. The average cost of a divorce in California is over $10,000, according to Forbes research. The median cost across the US is much lower at $7,567. Attorney fees range widely. Note that your California family law attorney will be upfront with you about the cost of using their legal service and what that includes. Typically, this is billed at an hourly rate, depending on the complexity of the case.
There is a $435 filing fee as a starting point in the State of California. Additionally, you will pay fees associated with the attorney you hire. In situations of a contested divorce or any situation in which the divorce is stretched out due to disputes, the family law firm will need to put more time and resources into the proceedings, which can increase the cost.
Does California Grant Divorces Based on Marital Fault?
California is a no-fault state. This means neither party must be proven at fault. Both contested divorce and an uncontested divorce can occur, meaning both spouses do not have to agree to divorce for it to take place.
California Property Division
As a community property state, California property division laws for divorce indicate that the presumption is both spouses own any assets that they either earn or acquired during the marriage. The objective is to divide those assets equitably at the time of divorce. Both spouses are also responsible for all debts either party accumulated during the marriage, and those are equitably divided. (Cal. Fam. Code §§ 760, 910 (2022).)
The state applies the separate property rule on all property each party owns prior to the marriage or after they legally separate. All gifts or inheritances also fall under separate property rules, meaning they are not divided equally. There are exceptions to this rule, such as commingling of separate property and community property.
Can I Get Spousal Support, or Will I Have to Provide It to My Spouse?
Spousal support, sometimes referred to as alimony, is the award of money paid from one spouse to the other to meet their needs. There are two specific types of spousal support recognized in California.
Temporary Spousal Support
This type of support is put in place immediately to create financial stability for one spouse who was dependent on the other spouse. The court decides on providing this type of financial assistance based on the spouse’s ability to pay. This support continues until the divorce is finalized. Temporary spousal support can be modified during the divorce process if there is substantial reason to do so, such as a change in employment or need.
There are limitations on spousal support in some situations, including in domestic violence cases.
Long-Term Spousal Support
Long-term spousal support, also called rehabilitative alimony, remains in place after the divorce is finalized. It is meant to provide one spouse with the time and necessary resources they need to become financially stable. This could include getting training, education, or work experience.
The judge may order spousal support at the dissolution of the marriage. It may be in place for a specific amount of time determined to be fair and reasonable. It is not meant to carry on forever, but until the spouse can become self-supporting. The judge may put in place specific indications of when it should end, such as the spouse completing an educational program.
Spousal support structure may allow for it to be reduced over time gradually as a higher income is achieved. It can be modified at any time with verifiable reason for doing so.
Why Work with Cordell & Cordell?
Hiring a California divorce attorney dedicated to providing you with the legal advice you need is critical. When you choose Cordell & Cordell for legal representation, you gain the confidence that you are working with an attorney who has experience in California divorce cases and a proven track record of fighting for men and fathers. Our experience and dedication to our clients show that our law office is a trusted local resource for family law matters.
Cordell & Cordell has over 100 offices over 30 states dedicated to providing accurate divorce, custody, and spousal support guidance. With over 30 years in business and over 100,000 clients served, we know how to help you.
Client Experience
“Professional in all aspects and truly provided great advice.”— A.O.
“Awesome, knowledgeable, and very responsive.” — Steven S.
Start the Process of Your Divorce Today
This may be a difficult time for you, but divorce and legal separation under California family law is your right. With comprehensive experience in divorce proceedings and complicated family law matters, Cordell & Cordell is an experienced advocate through this legal process.
This page serves as a resource and is not intended to be taken as legal advice.
Contact Cordell & Cordell now for a consultation by filling out the contact form online or calling 866-DADS-LAW (323-7529).
Frequently Asked Questions
The state allows either party to request to restore their birth name or former name at the time of filing their divorce petition. The marital dissolution can also order that either spouse’s birth name or former name be restored. This falls under California Family Code Section 2080.
Any time a person sues another person, including for divorce, the defendant is served. Service means a formal notice is provided to that party that states a legal process is occurring.
At least three attempts to serve the defendant are necessary. If this does not lead to the defendant being served, the process server will sign an affidavit that indicates due diligence was applied to serve the other party.
It is then necessary to inform the judge in the case that they attempted but were unsuccessful at serving papers to the defendant. The judge, at that time, may then authorize additional strategies for doing so, such as:
- Having a family member or friend serve the papers
- Hiring a professional to locate the party so that the papers can be served
- Publishing through the bulletin at the courthouse or in the local newspaper the petition to divorce
After 30 days of being served with the Summons, if the responding party does not respond, the divorce can move forward as a default.
The state allows either party to request to restore their birth name or former name at the time of filing their divorce petition. The marital dissolution can also order that either spouse’s birth name or former name be restored. This falls under California Family Code Section 2080.
It is possible to obtain an annulment, also called nullity, in some cases of dissolution of the marriage. A judge must state that the marriage or domestic partnership is legally not valid for some reason. Some of the reasons why this could apply include:
- One of the spouses was under the age of 18 at the time of marriage and, therefore, not legally able to get married.
- One of the spouses is married to someone else prior to the current marriage.
- The spouse was coerced into getting married.
Under Family Code/Chapter 4 Sec 2339, a divorce cannot be finalized until after six months have expired from the date of service of the Summons and Petition or the date of appearance of the Respondent, whichever occurs first. This is considered a cooling-off period. Either spouse can date throughout the pendency of the divorce proceeding, however the divorce must be finalized before one can remarry another person.
In the award of spousal support, the court determines if it is necessary based on various factors. Those who move on with a new partner may find the court considered the appropriateness or the amount of alimony awarded.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
- Key Takeaways
- California Divorce Laws
- What Are the Grounds for Divorce in California?
- How Long Does Divorce Take in California?
- What Is a Divorce Going to Cost Me in California?
- Does California Grant Divorces Based on Marital Fault?
- California Property Division
- Can I Get Spousal Support, or Will I Have to Provide It to My Spouse?
- Why Work with Cordell & Cordell?
- Start the Process of Your Divorce Today
- Frequently Asked Questions
California Resource Articles
