Frequently Asked Questions About Divorce Laws in California

Call Our Divorce Attorney in San Diego if You Have More Questions

Photo of a light haired lawyer meeting for divorce

Divorce is perhaps one of the most difficult things you will face in life. Working with a divorce attorney in San Diego can help you minimize conflict with your former partner and work toward a fair agreement.

San Diego Divorce Attorney FAQs

  1. What are the residency requirements for a divorce in California?
  2. What is no-fault divorce?
  3. How long does it take to get a divorce?
  4. What does “grounds for divorce” mean?
  5. Can I get a legal separation in California?
  6. How is property divided in California?
  7. Will I have to pay child support and/or alimony?
  8. I am worried about losing my children—how do courts determine custody and visitation?
  9. Do I need an attorney for a California divorce?
  10. What should I look for in a San Diego divorce attorney?

1. What are the residency requirements for a divorce in California?

Either you or the person you are divorcing must have lived in California for a period of six months before filing for divorce. One of you must also have lived in the county where you are filing the petition for three months before the filing date.

2. What is no-fault divorce?

California is a no-fault divorce state, which means that you do not have to prove a case against the other party to get a divorce. In fault states, parties must prove abuse, infidelity, abandonment, or another allowed reason for divorce.

3. How long does it take to get a divorce?

In California, a judgment of divorce is not final until six months after the date when the respondent was served. The court may order a continuance of up to 30 days if it appears that the parties may reconcile.

4. What does “grounds for divorce” mean?

This is simply the reason you give for the divorce in your petition. Most people cite irreconcilable differences, a term that covers essentially any reason a marriage may fall apart. You may also dissolve a marriage on grounds of incurable insanity.

5. Can I get a legal separation in California?

California law allows for legal separation, accommodating those who wish to stay legally married or cannot divorce for religious or personal reasons. You can request a petition on the same grounds as those allowed for divorce.

6. How is property divided in California?

Separate property—property owned by one party prior to the marriage and kept separate throughout the marriage—is excluded from the division of property. Community property, which includes almost anything acquired during the marriage, is usually divided equally between the partners unless they come to a different agreement.

7. Will I have to pay child support and/or alimony?

This depends largely on the specific details of your case, so you should speak with a San Diego divorce lawyer for a more detailed answer. If one spouse has been dependent on the other throughout the marriage, then the court may award spousal support. However, this support should only last until the dependent spouse has become self-sufficient. Alimony is most often awarded when there is a significant income discrepancy. The court can also grant child support based on both party’s income, custody and visitation time, and childrearing expenses.

8. I am worried about losing my children—how do courts determine custody and visitation?

California, like most other states, makes custody decisions based on what is in the best interests of the child/children. In many situations, both parents come to an agreement with the assistance of their attorneys. If the parties are unable to agree, the court will look at multiple factors to decide on a custody schedule that best reflects the child’s/children’s needs.

9. Do I need an attorney for a California divorce?

Consulting a San Diego divorce lawyer is always a good idea if you are facing divorce. Even if you and your spouse are ultimately able to agree on a custody schedule and division of assets, working with an attorney can help you avoid delays, file the appropriate paperwork, and get your divorce finalized as soon as possible. If there are any disagreements between you and your spouse, it is essential to work with an attorney. If you choose to represent yourself and your spouse hires an attorney, you run the risk of losing everything you own, losing time with your children, and leaving the marriage with nothing.

10. What should I look for in a San Diego divorce attorney?

When selecting a divorce attorney in San Diego, consider what you want to get out of the divorce and what type of divorce you want. If you are looking for a quick and easy dissolution with minimal conflict, you may not want to hire an aggressive divorce attorney who may make the situation more adversarial than necessary. However, if your ex-partner is aggressively pursuing full custody or ownership of community property, hiring an attorney who works with low-conflict divorces may not be the best way to protect yourself. Spend some time thinking about the nature of your divorce and what you hope to leave the marriage with. Then find an attorney whose style aligns with your goals.

Contact a Divorce Attorney in San Diego to Explore Your Options

Whether you are just starting to consider divorce as an option or you are in the thick of negotiations with your former partner, you can always benefit from the assistance of a divorce lawyer in San Diego. Contact Steven Gnau today to find out how he can help you start a new chapter in your life.