Frequently Asked Questions

Child custody in California is determined based on the best interests of the child. Courts consider factors such as the child’s health, safety, welfare, the ability of each parent to provide care, and the child’s relationship with each parent. Judges generally prefer arrangements that allow both parents to be involved unless there are issues like abuse or neglect. Parents can agree on a custody plan, but if they cannot, the court will decide based on these factors.

More information: Child Custody
Contact us through the form below or call our office.

Yes, you can request a legal name change for your child in California. If both parents agree, the process is straightforward and involves filing a petition with the court. If one parent objects, a judge will decide based on the child’s best interests, considering factors like the child’s relationship with each parent and potential impact on the child. A court order is required to complete the name change legally.

Bankruptcy can impact family law matters, but certain obligations remain unaffected. Child support and spousal support (alimony) cannot be discharged in bankruptcy and must still be paid. Property division orders may also be affected, depending on the type of bankruptcy filed. A pending bankruptcy can temporarily delay divorce proceedings, especially regarding property division. If you or your ex are considering bankruptcy, it’s important to consult both a family law attorney and a bankruptcy attorney to understand the full impact.

A legal separation allows spouses to live apart and resolve issues like support and custody without ending the marriage. Divorce legally dissolves the marriage, allowing both parties to remarry.

More information: Divorce
Contact us through the form below or call our office.

The minimum time is six months from the date of service due to California’s waiting period, but complex cases can take longer. Issues such as property division, child custody, child support and spousal support can be resolved faster.

More information: Divorce
Contact us through the form below or call our office.

No. California is a no-fault divorce state, meaning you only need to cite irreconcilable differences.

More information: Divorce
Contact us through the form below or call our office.

No. Even if your spouse does not respond, you can obtain a default judgment and finalize the divorce.

More information: Divorce
Contact us through the form below or call our office.

California courts can consider a child’s preference if they are mature enough to articulate one. A child who is at least 14 has a right to be heard unless a judge determines it is not appropriate. There is no age at which a child under 18 gets to decide where he or she will live. A judge will always be the ultimate decision maker, but a child’s wishes are more likely to be honored as they get older and more mature.

More information: Child Custody
Contact us through the form below or call our office.

California uses a guideline formula based on each parent’s income, the amount of time the child spends with each parent, and other factors like health insurance and daycare costs.

More information: Child Support
Contact us through the form below or call our office.

Yes. If there is a significant change in circumstances, such as income, relocation, or a change in the child’s needs, you can request a modification through the court.

More information: Child Support
Contact us through the form below or call our office.

The court considers factors like the length of the marriage, each spouse’s income and earning capacity, contributions to the marriage, financial needs, as well as any documented history of domestic violence.

More information: Spousal Support
Contact us through the form below or call our office.

Yes. If there is a significant change in circumstances, such as job loss or remarriage, support may be modified or ended.

More information: Spousal Support
Contact us through the form below or call our office.

California is a community property state, meaning most assets and debts acquired during the marriage are divided equally unless a valid prenuptial agreement states otherwise. There are some important exceptions, such as student loans and personal injury awards.

More information: Property Division
Contact us through the form below or call our office.

Retirement accounts are typically considered community property and may be divided using a special order known as Qualified Domestic Relations Order (QDRO). O Only the portion of a retirement that accrues during the marriage is considered community property. Pre-marital and post-separation accruals are considered the separate property of the employee.

More information: Property Division
Contact us through the form below or call our office.

Yes. A restraining order can limit or restrict the abusive parent’s custody or visitation rights.