Family Law FAQ's

What is a divorce?

A divorce (in California, a "dissolution of marriage") is a court decree that a marriage no longer exists. When the decree is issued, the marriage has been officially and legally dissolved. The dissolution leaves both parties free to remarry. The decree usually provides for division of property (including money and other assets such as retirement benefits) and, where appropriate, makes arrangements for child custody and family support.

Can I get a divorce if I have not been "legally married?" (Is there such a thing as a "common law marriage?")

California does not have common law marriage provisions. If two people have been living together and have acquired property jointly, civil law determines property rights. If two unmarried people have children jointly, California's Family Code applies to children's and parental rights.

In order to get a divorce, do I have to prove my spouse did something wrong?

No. California is commonly called a "no fault" state. In California you can file for a divorce on the grounds of "irreconcilable differences."

How is property divided at divorce?

California courts usually encourage divorcing couples to decide how they will divide their property and debts between themselves. Both parties of a divorce tend to get more of what they want if they approach the court with a division of property agreement already in place. Attorneys and other trained legal professionals can help divorcing couples create fair and equitable property settlements.

How is custody determined?

The California courts encourage divorcing couples to create custody and visitation agreements on their own. Sometimes, divorcing couples cannot agree on the important and far-reaching issues of child custody and visitation. Often, anger, fear, resentment, and sometimes other emotions and motives make it difficult to create an agreement that is best for the children.

If you and your spouse cannot agree on child custody and visitation for any reason, seeking advice from a lawyer (and having a lawyer represent that which is in the best interests of the children) can be the best way to ensure that children are provided for.

What are "child support," "spousal support," and "family support?"

Child support is the contribution the non-custodial parent makes to the custodial parent (the parent who takes care of the children on a day-to-day basis) to help maintain the standard of living the children were accustomed to before the separation.

Spousal support is often called "alimony." Spousal support is negotiated (or awarded) to compensate the lower income spouse for the contributions she or he has made to the household. While spousal support is usually negotiated between a husband and wife, the California Family Law Code provides specific guidelines (in the form of a formula) that most judges refer to.

Family support is the term used when child support and spousal support are combined. Family support is generally financial support for the children and the parent who has physical custody of the children.

Family support can include specified monthly payments for each child, plus a monthly payment to the parent with physical custody. Family support usually continues until the youngest child reaches age eighteen or until the youngest child is no longer living in the home. Family support can also provide for ongoing payments for children over the age of eighteen who are enrolled in college.

Since our separation, my husband I have been living in different counties. Where do I file for a divorce?

Either party to a divorce may file for divorce in any county. However, if neither party has been a resident of that county for at least three months or longer, the other party may object and have the case moved.