Family Law Questions

California Family Law Information- Frequently Asked Questions  

How long does a CA divorce take?

A divorce in California always takes a minimum of six months. This is called a "waiting period" to make sure you and your spouse do not change your mind and decide to reconcile. The waiting period begins once the papers are filed and served.

How does the divorce process work?

The first step in the divorce process  if filing and serving the divorce documents. This starts the waiting period. The next step is to determine whether temporary relief is needed for financial support, an order to sell your house, an order to determine custody of the children, child support, spousal support, or an order allowing you to move out of the state. This is done by filing an Order to Show Cause. Also, after the divorce paperwork is served, that person has 30 days to file a "Response" with the court. If the response is filed, divorce each party then has a right to conduct "discovery" before trial. At the divorce trial, each party presents evidence, the judge makes orders and declares you divorced.

How much does a divorce cost? 

This depends on how complicated your divorce is.  The process could cost anywhere from a few thousand of dollars to many thousands.  However, the  average divorce costs between $3,000.00 to $5,000.00.

I live in California and my spouse lives in another state. Where do we file our divorce?

The answer depends on a number of factors. Normally you would file in the state that both of you lived in for the previous six months. Otherwise, it would be the state that both of you agree will handle the divorce. This is a complicated question should be analyzed by a competent family law and divorce attorney.  

I haven't filed for divorce, and haven't received support. Can I get money for those months I should have been paid?

You can only make your spouse pay you for support owed from the time you file your divorce papers forward. You cannot collect support for a period before you filed the divorce action, and in most instances, you cannot collect support until you request it from the court by filing and serving an Order to Show Cause.

What is mediation?

Mediation is a court ordered process where a third party sits down with both parents and tries to come up with a custody and visitation agreement. No lawyers can be present during these negotiations. Mediation is required in any paternity, divorce or legal separation action involving children.

I am separated, and my ex is running up debts. Am I responsible?

Whether you are responsible for a debt incurred after you and your spouse have already separated depends on in whose name the debts were incurred. Technically, any debts incurred by your spouse after the date of separation are your spouse's sole responsibility. However, if the debt was charged on a joint account, the creditor will expect someone to make the payments, and if your spouse doesn't, it will damage your credit. You could even end up being sued if your spouse does not pay the bill.