To file for divorce in California, at least one spouse must have lived in the state for six months and in the county where the divorce is filed for three months prior to filing.
Yes, California is a no-fault divorce state. This means that a spouse does not need to prove wrongdoing by the other party to file for divorce; citing “irreconcilable differences” is sufficient.
The minimum time to finalize a divorce in California is six months from the date the non-filing spouse is served with divorce papers. However, the actual duration can vary depending on the complexity of the case and whether the divorce is contested.
Not necessarily. If both parties agree on all terms, including property division, child custody, and support, the divorce can be finalized without a court appearance. However, contested divorces may require court hearings.
California follows community property laws, meaning assets and debts acquired during the marriage are typically divided equally between spouses. Separate property, acquired before the marriage or by gift or inheritance, is usually not subject to division.
Spousal support, or alimony, is financial assistance paid by one spouse to the other post-divorce. The court considers factors such as the length of the marriage, each spouse’s earning capacity, and the standard of living during the marriage when determining support.
Yes, spouses can reach their own agreements regarding property division and support. These agreements must be documented and approved by the court to become legally binding.
Child custody decisions are based on the child’s best interests, considering factors like the child’s health, safety, and welfare, as well as the nature of each parent’s relationship with the child.
Legal custody refers to the right to make important decisions about the child’s life, such as education and healthcare. Physical custody pertains to where the child lives. Both can be joint (shared) or sole (one parent).
Child support is calculated using a statewide guideline formula that considers factors like each parent’s income, the amount of time each parent spends with the child, and other relevant expenses.
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In general, the divorce process for LGBT couples is the same as for heterosexual couples. However, some same-sex couples—especially those who married before federal law recognized same-sex marriage nationwide—may face unique issues related to property division, length of marriage, or jurisdiction.
If you married in another state but now live in Los Angeles, you can typically file for divorce in California once you meet the six-month state and three-month county residency requirements. However, if neither spouse meets California’s residency requirements and your home state does not recognize your marriage, California courts may allow you to file for dissolution of a same-sex marriage without meeting the usual residency rules.
California family courts treat all individuals equally regardless of gender identity. However, issues like legal name changes, updated identification, or non-biological parentage (in custody matters) may require additional documentation or advocacy.
Legal separation allows spouses to live apart and make formal arrangements regarding finances and custody without ending the marriage. Divorce legally terminates the marriage.
Yes, you can request to restore your former name as part of the divorce proceedings. This request is typically included in the divorce petition or response.
Mediation is not mandatory but is often encouraged, especially in cases involving child custody and visitation, to help parties reach amicable agreements without court intervention.
Maryam was my divorce lawyer a few years ago. She is personable, punctual and got the job done… We got what we wanted in court as she fought hard for me and was aggressive. She filed all the paperwork that needed to be done on time and correctly. She was also very good at moral support in this tough period in my life but that was just a benefit of using her. I have also called her for legal advice a few times since and she always gave me good legal advice.
Stuart
