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frequently asked questions

Divorcio

 Yes, you can. Because California is a “no-fault” state, the court does not require both parties to agree to the divorce. If one spouse files citing irreconcilable differences, the divorce will proceed even if the other spouse objects or refuses to sign.

No, you do not always have to go to court. If you and your spouse reach an amicable agreement on all issues (an uncontested divorce), our attorneys can file the necessary paperwork to finalize the judgment without you ever needing to step inside a courtroom.

The cost of a divorce varies widely based on complexity. The mandatory court filing fee in California is $435. However, attorney fees depend on whether the divorce is contested, the amount of assets to divide, and if child custody disputes require litigation.

Child Custody & Visitation

In California, a child cannot legally make the final decision until they turn 18. However, family courts must consider and give weight to the preference of a child who is 14 years or older, provided they are mature enough to form an intelligent opinion.

No, not without permission. You must obtain either the written consent of the other parent or a formal “move-away” order from a California family court judge before relocating with the child out of the county or state.

No, California law strictly prohibits giving custody preference based on a parent’s gender. The court presumes that frequent and continuing contact with both parents is in the child’s best interest, regardless of whether they are the mother or the father.

Violencia doméstica

A permanent Domestic Violence Restraining Order in California can last up to five years. Before it expires, the protected person can ask the court to renew it permanently, even if there has been no new abuse since the original order.

Yes, significantly. Under California Family Code Section 3044, if a judge finds that a parent has committed domestic violence within the last five years, there is a legal presumption that giving them sole or joint physical custody is NOT in the child’s best interest.

Yes, you can. California’s Domestic Violence Prevention Act covers individuals you are currently dating or have dated in the past, as well as spouses, cohabitants, and co-parents, regardless of sexual orientation.

Paternity Actions

Paternity can be established voluntarily if both parents sign a Voluntary Declaration of Parentage at the hospital. If contested, the court will order a DNA test to biologically confirm fatherhood and formally establish parental rights and responsibilities.

An unmarried father has no legal rights to custody or visitation until paternity is officially established. Once the court issues a paternity judgment, he has the exact same constitutional rights to his child as a married father.

Yes, but only for a limited time. In California, a court can order retroactive child support, but it typically only goes back to the date the paternity petition or the formal request for child support was officially filed with the court.

Spousal Support / Alimony

 Temporary support is usually calculated using a standard computer formula based on both parties’ incomes. Permanent support is determined by a judge evaluating 14 specific factors under Family Code 4320, including the length of the marriage, earning capacity, and standard of living.

For marriages lasting under 10 years, support typically lasts for half the length of the marriage. For marriages lasting over 10 years (a “long-term marriage”), the court retains jurisdiction indefinitely, and support may continue until the supported spouse remarries or either party passes away.

Yes, it can. If you experience a significant involuntary drop in income, you can file a request for a post-judgment modification to reduce or pause your spousal support payments. You must continue paying the original amount until the judge approves the change.

División de Bienes

If the house was purchased during the marriage, it is considered community property and belongs equally to both spouses. The court may order one spouse to buy out the other’s share, or force the sale of the house to divide the profits 50/50.

Yes, any contributions made to a 401(k), pension, or IRA during the marriage, as well as the interest earned on those contributions, are considered community property in California and are subject to equal division.

Yes, in California, debts acquired during the marriage are considered community debt. Even if the credit card is only in your spouse’s name, you are likely responsible for half of the balance accrued before the date of separation.

Stepparent Adoption

Ideally, yes. If the absent biological parent consents and signs the necessary forms, the process is straightforward. If they refuse or cannot be found, you must petition the court to legally terminate their parental rights before the adoption can proceed.

An uncontested stepparent adoption typically takes between 3 to 6 months in California. This includes the time needed for the required background check, court investigation, and the final adoption hearing.

Yes. Once the stepparent adoption is finalized, the biological parent’s legal rights and financial responsibilities are entirely terminated, meaning they will no longer be required to pay future child support.

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