Divorce Law in California
Are you preparing for a divorce in California? Has your spouse already hired an attorney?
When couples cannot resolve disagreements on their own, legal representation becomes essential. A lawyer can guide you through mediation or the court system and help protect your financial interests throughout the case.
Issues Involved in California Divorce Law
Divorce requires families to make decisions about finances, property, and children. These issues can be highly emotional, especially when neither spouse is willing to compromise.
Dividing Property
One of the biggest challenges during a divorce is dividing assets and debts. In many states, including California, items acquired during the marriage are classified as marital property. This can include real estate, bank accounts, retirement plans, vehicles, and investment portfolios.
While some states divide property equitably, California is a community property state. That means most marital property is divided equally between spouses unless a valid legal agreement states otherwise. Even so, judges still review financial contributions, separate property claims, and outstanding debts when determining division.
Child Support
Both parents are legally responsible for contributing to their child’s financial needs. Child support helps cover essential costs such as clothing, health care, education, housing, and food.
The California Family Code uses a mathematical formula to calculate support. The court reviews both parents’ incomes, how much time each parent spends with the child, and eligible tax deductions. Parents can make payments online or by mail through California Child Support Services.
According to Child Support Services, failure to comply with a support order can lead to serious penalties. These may include license suspension, passport denial, liens against bank accounts or property, and the interception of tax refunds or lottery winnings. Courts may also impose civil contempt charges, which could result in jail time.
Alimony
Alimony—called spousal support in California—depends on the financial circumstances of each spouse. Courts examine:
- Financial need and ability to pay
- Length of the marriage
- Age and health
- The standard of living during the marriage
- Job skills, earning capacity, and education
- Division of marital property
- Any independent assets
Temporary spousal support may be ordered while the divorce is underway. After the divorce is finalized, a judge may order long-term support.
If the marriage lasted more than 10 years, the court may not set a specific end date, particularly if one spouse cannot become self-supporting due to age, disability, or lengthy absence from the workforce.
Child Custody and Visitation
Custody is often the most sensitive issue when children are involved. California courts focus on the best interests of the child, not on the preferences of either parent.
Under the California Family Code, judges consider the child’s age and health, emotional bonds, school and community ties, and prior parenting involvement. A history of family violence or substance abuse also affects custody decisions. California does not automatically favor mothers or fathers.
Most California cases result in joint legal custody, meaning both parents share responsibility for major decisions such as schooling and medical care. Legal custody does not guarantee equal parenting time. Even when one parent has physical custody, the other parent typically receives visitation unless the court determines that visitation would place the child at risk.
The Process of Going Through Divorce Law in California
If you are considering divorce, understanding the process can help you make informed decisions.
Step 1: File the Divorce Petition
A divorce begins with a formal petition to the court. The petition must include:
- Grounds for divorce
- Proof that at least one spouse meets California residency requirements
- All legally required information
California allows no-fault divorce. Listing “irreconcilable differences” is enough to dissolve the marriage.
Step 2: Request Temporary Orders
Some spouses need immediate support or parental arrangements. Temporary orders may address:
- Child custody
- Child support
- Spousal support
- Protection of marital assets
- Status quo orders
These orders remain in place until the court makes a final ruling.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files the petition must have the other spouse legally served. If they accept service, they complete an affidavit acknowledging receipt. If they do not, a process server or sheriff can complete the service and file proof with the court.
Step 4: Try To Come to an Agreement
The easiest path is an uncontested divorce, where both spouses agree on property, custody, and support. Mediation is often helpful and can reduce stress, cost, and court involvement.
Step 5: Go To Court
If no agreement is reached, the case goes before a California judge. Superior Courts handle divorce, annulment, and legal separation, with 58 Superior Courts across the state—one in every county.
Step 6: Receive the Judgment of Divorce
The marriage officially ends when the judge issues a final judgment of divorce. This document outlines how property, debt, custody, and all remaining issues will be handled. Both spouses must comply with the court’s orders.
Work With an Experienced California Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced California divorce law attorney.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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