Family Law

No, you do not need to prove fault to get a divorce in California. California is a no-fault divorce state, meaning the only legal ground required is 'irreconcilable differences.'

California is a no-fault divorce state: the only legal ground is 'irreconcilable differences' that have caused the irremediable breakdown of the marriage.

In California, there is a mandatory six-month waiting period between filing for divorce and the divorce becoming final.

In California, community property is generally divided equally (50/50) between spouses in a divorce, unless they agree otherwise or a court finds compelling reasons for an unequal division.

In California, separate property includes assets owned before marriage, gifts or inheritances received during marriage, and income or appreciation traceable solely to those assets.

Yes, in California, retirement accounts earned during marriage are generally community property, even if held in only one spouse’s name.

Yes, California courts can award the family home to one spouse as part of the division of community property, typically through an 'in-kind' division or a buyout.

California presumes debts incurred during marriage are community debts, equally shared by both spouses in divorce—unless proven to be separate debts.

California law does not prefer joint custody over sole custody; instead, it prioritizes the child’s best interest and presumes that frequent and continuing contact with both parents is beneficial — but only if it is in the child’s best interest.

Yes, your child's preference can affect custody in California, but only if the court finds the child is of sufficient age and maturity to express a reasoned preference — and the judge decides it's in the child's best interest to consider it.

California courts decide child custody based on the child’s best interest, considering health, safety, welfare, and the child’s relationship with each parent.

Yes, mediation is required before a custody trial in California for all contested child custody and visitation disputes.

Yes, you can relocate with your child after a custody order in California, but only if you get court approval or the other parent’s written consent — otherwise, moving more than 50 miles or out of state may violate the order and risk contempt.

Yes, domestic violence significantly affects custody decisions in California. Courts must consider documented abuse when determining the best interest of the child and often presume it is detrimental for the abusive parent to have sole or joint custody.

Yes, child support in California can be modified if there's a significant change in income or circumstances, and either parent can request a review.

Child support in California is calculated using the state's mandatory guideline formula, which considers both parents' incomes, tax filing status, time each parent spends with the child, and certain deductions.

Spousal support in California has no fixed duration—it depends on marriage length, circumstances, and court discretion. For marriages under 10 years, support often lasts half the marriage length; for long-term marriages, it may be indefinite.

California courts consider multiple factors including the length of the marriage, each spouse’s income and earning capacity, standard of living during marriage, age and health, and contributions to the other’s career or education.

Yes, you can request temporary spousal or child support while your divorce is pending in California.

A domestic violence restraining order in California can last up to 5 years, and may be renewed indefinitely for additional 5-year periods if the court finds good cause.

Yes, you can get a domestic violence restraining order (DVRO) against your spouse in California if you have suffered abuse or reasonably fear future abuse.

Under California’s Domestic Violence Prevention Act (DVPA), domestic violence includes abuse—such as intentionally or recklessly causing bodily injury, sexual assault, stalking, threats, harassment, or destruction of property—committed against a current or former intimate partner, cohabitant, parent of a shared child, or other specified family members.

A domestic partnership in California is a legally recognized relationship between two adults that grants nearly all the same rights, protections, and responsibilities as marriage under state law.

Yes, a prenuptial agreement can be set aside in California if it was not voluntary, lacked full financial disclosure, or was unconscionable at signing — and the challenging party proves it by clear and convincing evidence.