Family Law FAQ: Your Most Pressing Questions Answered

California has a mandatory six-month waiting period from the date the respondent is served divorce papers. However, finalizing a divorce can take longer depending on issues like custody, property division, and support.

Yes, through mediation, collaborative divorce, or an uncontested divorce if both parties agree on all terms. Court involvement is minimal in such cases.

Divorce legally ends the marriage, while legal separation does not. Legal separation allows spouses to live separately, divide property, and receive spousal support without dissolving the marriage.

To file for divorce in California, you must have lived in the state for at least 6 months, and in the county where you plan to file for at least 3 months.

If your spouse fails to respond within 30 days, you can request a default judgment. This may allow the court to grant your requested terms without the other party’s input.

Yes, particularly if your divorce is uncontested. Many couples handle it through self-help centers or mediation, but legal review is still highly recommended.

The court’s primary concern is the best interest of the child. Factors include:

• The child’s health, safety, and welfare
• History of abuse by either parent
• The nature and amount of contact with both parents
• Parental substance abuse or mental health issues

• Legal Custody: The right to make decisions about the child’s health, education, and welfare.
• Physical Custody: Where the child lives most of the time. It can be joint or sole.

California courts may consider the child’s preference if the child is 14 years or older, unless it’s not in their best interest.

A parenting plan outlines how parents will share responsibilities and time with their children. It includes schedules, decision-making rights, and dispute resolution terms. Courts often require one in custody cases.

Yes. Repeated violations of custody or visitation orders can result in sanctions, including reduced custody or contempt of court.

Possibly. You must obtain consent from the other parent or a court order. The court will evaluate the impact on the child and existing custody arrangement.

California uses a statewide formula based on:

• Both parents’ income
• Timeshare with each parent
• Tax deductions, including health insurance and mandatory retirement
• Other children supported

The DissoMaster software is commonly used in court to calculate precise support amounts.

Yes, child support can be modified if there is a change in circumstances, such as job loss, income change, or changes in custody.

The Department of Child Support Services (DCSS) can enforce payments through wage garnishment, property liens, suspension of licenses, or contempt of court.

The court may impute income based on the parent’s earning capacity, lifestyle, or bank records. Evidence like Venmo/CashApp receipts or testimony may help.

No. Child support is considered the child’s right. Parents cannot legally waive it, even by agreement, without court approval.

• Temporary support is awarded while the divorce is pending.
• Permanent (or long-term) support is ordered at the end of the divorce process.

Temporary support is often calculated using local formulas. Permanent support considers:

• Length of the marriage
• Standard of living during the marriage
• Earning capacity of both spouses
• Age and health
• Contributions to the other’s career

Yes. Modifications can occur due to significant life changes. Spousal support often ends upon:

• Death of either party
• Remarriage of the supported spouse
• Court order

Generally, support lasts half the length of a marriage under 10 years. For long-term marriages (10+ years), the court may not set an end date without further review.

Yes—if the prenuptial agreement is valid and includes a clear waiver of spousal support. Courts will assess fairness at the time of enforcement.

• Yes. All assets and debts acquired during the marriage are generally considered community property and are divided equally.

Assets or debts acquired:

• Before the marriage
• After the date of separation
• Through inheritance or gift (even during the marriage)

Possibly, depending on:

• Whether it was purchased with separate or community funds
• Equity division
• Agreements during mediation or trial

You may file for a Domestic Violence Restraining Order (DVRO), which can:

• Remove the abuser from your home
• Prevent contact or proximity
• Award temporary custody
• Address financial support and use of property

Courts can issue a temporary restraining order (TRO) the same day you file. A hearing is usually set within 21 days to decide if a permanent order is needed.

Violating a DVRO is a criminal offense. Law enforcement can arrest the violator immediately. Additional penalties may include jail time, fines, and contempt charges.

A permanent restraining order typically lasts up to 5 years. Before it expires, you can request an extension from the court if you still feel unsafe.

Yes. You do not need to be separated or divorced to request protection. The court can still issue a DVRO and order the abusive party to move out of the shared residence.

While it’s possible to self-represent, family law involves high-stakes legal decisions. Hiring a qualified attorney ensures your rights are protected and your case is professionally handled.

You’ll need:

• Petition for Dissolution (FL-100)
• Summons (FL-110)
• Declaration Under Uniform Child Custody Jurisdiction (if kids involved)
• Property declarations and financial disclosures

Yes. You can seek help through:

• Legal aid organizations
• Law school clinics
• Court self-help centers