Mila Kalilets
Bio Coming Soon
State: California
David J Brooks
David Brooks is a litigation attorney with a strong background in aerospace law and corporate regulatory compliance. Prior to joining Cordell & Cordell, he served as in-house counsel for Firefly Aerospace, where he supported launch and aerospace operations through matters involving corporate, regulatory, and contractual law. Drawn to family law for its unique ability to support clients during highly personal and emotional challenges, David is dedicated to providing clarity and stability while helping protect what matters most.
“What I enjoy most about being a family law attorney is the opportunity to guide clients through complex, personal issues—helping them find fair resolutions while protecting what matters most to them.”
Lilian Epstein
Ms. Epstein has practiced family law in the San Francisco Bay Area for more than 20 years. She assists clients in keeping fees and emotional pain at a minimum by setting up cases to settle in a way that keeps the whole family in mind. She is attentive and compassionate and thinks clients get the best outcome when they have choices and can retain some amount of control about their goals and compromises.
“I believe that having choices is best for both individuals and communities as a whole,” Ms. Epstein says.
Certified Mediator
California Divorce Lawyers
California divorce is hard, and for clients who may be facing numerous challenges, it is even more frustrating. Cordell & Cordell offers a solution by providing specific legal guidance and support for clients 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 clients. 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 866-323-7529.
Allen Korenstein
Allen is an accomplished attorney with a strong dedication to the legal community. He is a member of the Silicon Valley Bar Association and the California Appellate Project, a non-profit law firm, highlighting his commitment to the field. With more than 50 trials to his name, Allen’s extensive experience includes involvement in numerous appellate decisions. Allen is recognized for his success in defending clients in complex cases and his experience with estate planning and blended families. His legal career is marked by impressive achievements, a commitment to justice, and a dedication to making a positive impact on his community. Additionally, Allen brings valuable experience in owning and managing his own law practice. Beyond his legal pursuits, he is a co-owner of Camino Brewing Company, LLC.
Certified Mediator
License
Mr. Korenstein is licensed to practice in California.
Work Experience
Prior to working for Cordell & Cordell Mr. Korenstein worked in family law, child law, divorce law and ran his own firm.
Awards
- 2019 Best of Silicon Valley, Metro, Social Justice Warrior
Associations
- Silicon Valley Bar Association, Member
- California Appellate Project, Member
Matthew Prigmore
Matthew Prigmore enjoys family law because it is an area of law that touches on all area’s of law and matters are always changing. As a father himself, he can relate to the parental bonds our Clients have and how important the visitation and custody terms are to maintaining those close bonds.
“I am calm under pressure. During a dissolution or custody matter emotions can be strained, it is important that you have an attorney that can navigate you through these emotional times in a level headed manner.” he says.
Licenses
Mr. Prigmore is licensed to practice in California.
Education
Mr. Prigmore earned his Bachelor of Arts Degree from The University of California, Los Angeles. (U.C.L.A). He earned his Juris Doctorate Degree with Distinction from The University of Pacific; McGeorge School of Law.
Professional Experience
Mr. Prigmore has worked in Family Law for 4 years with The Law Office of Tiffany L. Andrews. Prior to that he practiced Civil law focusing on employment law and landlord/tenant issues.
Associations
- State Bar of California (2014)
- California Lawyers Association
Sacramento Fathers’ Rights
In California, when a divorced custodial parent, usually the mother, decides to move away and take the kids with her, she stands a good chance of succeeding because of the lack of fathers’ rights in Sacramento, California.
Sacramento Dads’ Rights To Joint Custody:
The last two California Supreme Court Decisions have made it much more difficult for a noncustodial parent (usually Dad) to oppose the decision of the custodial parent (usually Mom) to move to another metropolitan area and take the kids with her. The custodial parent just has to prove that it is in the children’s best interests. This is a huge leap backwards for Sacramento, California fathers’ rights.
Shared Custody In Sacramento:
In a “shared-custody” arrangement, each parent must have the child 50 percent of the time or have a 60/40 percentage agreement. In this case, the court will have to make a full re-determination of which custody arrangement is in the best interest of the children, suggesting an almost “all-or-nothing” scenario.
Protect your dads rights to see your children. If your ex-wife has decided to move and take the kids with her, you need an experienced fathers rights attorney to help you protect your children’s time with you.
Take action. Contact the Sacramento dads’ rights attorneys at Cordell & Cordell to protect your dads’ rights at 1-866-DADS-LAW.
Dads’ Rights in Sacramento Resources | Sacramento Fathers’ Rights Resources
California 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
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:
- Reasonable: Parents can work out a visitation schedule themselves.
- Scheduled: The court gives parents a schedule for when the child is in their care.
- Supervised: A parent may only have visitation under someone’s supervision due to safety concerns, professionally supervised or non-professionally supervised.
- 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 clients 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 clients 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 866-323-7529 or through the online contact form.
Benjamin Lopatin, Esq., LL.M.
Bay area divorce attorney Benjamin Lopatin pursued a career in family law because he enjoys helping people and families in their time of need.
“Family law clients are often going through one of the more emotionally charged times in their lives,” Mr. Lopatin said. “I enjoy helping navigate them through the legal process and mitigating the emotional toll that the cases have on clients.”
Mr. Lopatin is a skilled negotiator. He understands that when the parties can agree on issues, it is often to their mutual benefit and leaving issues up to a judge to decide can sometimes delay relief or produce a result that neither party is happy with.
“Although this process might not be quick, I will fully explain each step we will take along the way, and I take pride in providing my clients a quick response to any questions or requests,” he said.
Mr. Lopatin was the Top Regional Attorney in 2024 and was runner up for Top Regional Attorney in 2023.
Sanders B. Patton
Sacramento divorce attorney Sanders B. Patton strongly believes everyone needs help in times of distress. Divorce is no different.
“Helping others to navigate the complicated process and sorting out the problems that come from dissolving a marriage, making simple that which is confusing, is important to me,” he said.
“Mr. Patton works extremely well with all parties involved in the family law process. His experience in criminal defense taught him to achieve the best result possible when the stakes are at their highest.
“This is not a quick process, and it is often overwhelming,” he said. “I am here to guide you through, answer your questions, and provide guidance on the direction your case can take. Most of all, I am here to fight for you and to ensure the best outcome given the circumstances.
“I will listen to your concerns, advocate for your rights, and always give you my honest opinion about your case.”