FAQ

How long will a divorce take?
Divorce, or dissolution, is the termination of two parties' lawful marriage. Besides dissolving the marital status of the parties, the court will also divide the community property, make orders regarding custody and visitation, and determine child and spousal support. California is a no fault state, and either party may obtain a divorce on the grounds of irreconcilable differences. It takes a minimum of six months from the date the Petition and Summons are properly served on the other party before the marriage can be dissolved and you are free to remarry. To commence an action for a dissolution, one party must be a resident of the State of California for at least six months and of the county where filing the action for a minimum of three months. If you do not meet the residency requirement, you can file for a Legal Separation and then amend the action into a dissolution later.

If there are significant property or support issues, or a child custody dispute, a divorce can take more than the minimum six month time. It is not uncommon for divorces with property, custody and support issues to take anywhere from 9 months to 2 years to complete. The main factor in determining how the process goes is the level of cooperation between the parties and their willingness to compromise.

How much will a divorce cost?
It depends. Every case is different and we cannot guarantee how much the total cost will be. Again, the cost depends upon how cooperative the other party is and how reasonable that person’s attorney is. On average, it can cost from $3,000 - $15,000 for a divorce depending upon the complexity of property, custody and support issues.

What is a Legal Separation?
A Legal Separation resembles an action for divorce except that the parties are not free to remarry. The property is still divided and support and custody orders are made. One major advantage of filing a legal separation action is that, unlike a divorce, there are no residency requirements. Legal Separations are often done if maintaining health insurance for a spouse is an issue or for religious reasons the parties do not wish to divorce, but want to be financially separate from the other spouse.

What if the other parent and I do not agree to custody or parenting schedule issues?
In California, when there is a custody dispute, the parties are required to attend custody mediation with a mental health professional. The Court offers two free hours of custody mediation through their office of Family Court Services. Parties may also stipulate to Private Mediation with a court-approved mediator. Private mediation can be more costly as mediators charge between $125-175/hour and often require a retainer of at least $1,000. Custody mediation is a bit different than divorce mediation. A custody mediator attempts to have the parents reach an agreement, but if the parents cannot agree, then the mediator will make a recommendation to the Court regarding the custody and parenting schedule. The Court often defers to the mediator’s recommendations.

How are assets and debts handled in a divorce?
Each party is entitled to an equal division of the community property assets and debts acquired during the marriage. Community property generally is defined as any and all assets and debts acquired or incurred during the marriage up to the date of separation.

Separate property is defined as assets and debts acquired by a spouse prior to marriage or after the date of separation or acquired during the marriage by gift (including some gifts from one spouse to the other) or inheritance. An asset or debt could be a combination of separate and community property. For example: if one person owns a house prior to marriage and then during marriage payments are made on the house, the community has acquired an interest in that house, the extent of which must then be determined. Title to property and commingling or joining of assets may also impact the characterization of property. It is very important that parties consult with an attorney prior to changing the title on property.

What is the date of separation?
The date of separation is when one or both parties no longer desires to continue with the marriage and unequivocally communicates that intent to the other spouse. After the date of separation, any asset acquired by either spouse, including a salary from a job is assumed to be the acquiring spouse's separate property.

How is child support determined?
The Court adopted guidelines in calculating child support. The Court uses a computer software program (Dissomaster™ or XSpouse™) which uses a complex mathematical formula to determine support. The main factors which affect child support are the income of the parents and the amount of time each parent has custody of the child. Other factors such as health insurance premiums cost, mandatory retirement contributions, and mortgage interest and property tax deductions also affect the support amount. The appropriate amount of income tax paid by the parties is also considered in the calculation.

Can I speak with the Judge about custody?
For any custody and visitation issues which the parties cannot resolve between themselves, the State of California mandates mediation. The parties can choose with Family Court services mediation or a member of the Private Mediation Panel. You speak with the mediator and the mediator makes a report to the Judge. At a hearing you may speak to the judge if you disagree with the mediator's report.

Can the mandatory mediator mediate the whole divorce?
The mandatory mediation is only for custody and visitation issues. To mediate the rest of the divorce, you will need to hire a divorce mediator.

How can I avoid returning to court over every little issue regarding custody?
In certain cases, there are some parents who always seem to take an adversarial position on parenting issues. They argue about everything regarding the kids. To avoid returning to Court every time there is a dispute, parties may choose to retain a Special Master to settle these issues in order to avoid constant returns to court.

Is there a program to assist children in dealing with a divorce?
Many parents seek out individual counseling for their children. Several schools/school districts offer groups for children going through a divorce. There is a private program called Kids’ Turn which is a class on divorce education for children and parents. The program is for both children and parents to assist in transitioning through divorce, separation and remarriage. This program consists of six 90-minute sessions. Please click on Resources for contact information.

Who is entitled to spousal/partner support (alimony)?
Anyone who resides in California and has filed for dissolution of a marriage or registered domestic partnership may be eligible for spousal/partner support. There are two categories of spousal/partner support in California.

TEMPORARY – A party may be entitled to temporary spousal/partner support from the date the action is filed with the court until there has been a final judgment entered. The state has guidelines for this temporary support amount. The award of support is based on many factors.

POST-JUDGMENT – This type of support may be ordered by the Court in some situations. The Court uses several factors listed in the Family Law Code to determine the amount of post-judgment or ongoing spousal/partner support. The temporary guidelines will not be used in determining post-judgment support. The amount and duration of post-judgment support will depend upon the specific facts of your case as the facts apply to the statutory factors. The length of the marriage, age of the parties, and earning capacity of the parties are a few of the factors.