Family Law Frequently Asked Questions

A flat fee divorce is a pricing model where an attorney charges a set fee for handling the entire divorce case, regardless of the complexity or length of the proceedings. This fee typically covers specific services, such as document preparation, court filings, and representation in court, up to a certain stage or conclusion of the divorce process. Please look at our pricing page to see what services we offer on a flat fee basis.

To file for a divorce in California, either spouse must have lived in the state for at least six months before filing. Furthermore, the one filing for divorce must have lived in the country where they’re filing for at least three months.

These are known as residency requirements. If either spouse is eligible, they can file for a legal divorce in California. If these residency requirements are unmet, you cannot file a dissolution of marriage. In this case, there are two options. Spouses can either file for a legal separation or wait until they have lived in California for long enough to establish residency.

Usually, no. Whoever files first will be known as the Petitioner and the responding party is known as the Respondent. However, regardless of whoever files first, both parties will be required to pay the first appearance fee and filing fees. Both parties can seek out a temporary order. The only true advantage to filing for divorce first is the party who files first presents their case first if it proceeds to trial.

This type of divorce occurs when both parties agree on everything, including child custody, property division, and spousal support. In California, this is the simplest and most common procedure.

An uncontested divorce is the cheapest and quickest option to end a marriage. You submit your agreement for approval to the court without having to go to trial.

Uncontested divorce doesn’t mean you have no disagreements from the get-go. It just means that you can work everything out without appearing in front of a judge.

In contrast to an uncontested divorce, this type of procedure occurs when the spouses are unable to come to an agreement. This means that the whole situation becomes more complicated, time-consuming, and traumatic.

In a contested divorce, both sides usually hire an attorney. Each attorney represents just their client’s interests, which can escalate conflicts. The attorneys will try to get as much as they can for their clients, although they will usually try to settle things before the case goes to court.

In California, you are required to file for divorce in the county that you have resided in for the last three months. To file for divorce, you must have been a resident of the state of California for six months. If you do not meet these residency requirements, you may file for a legal separation. Then, once you have reached the requirements, you and your spouse can amend the petition for a divorce.

The first step in divorce is to file the divorce petition or summons, which will outline the most important information. After this has been filed, the papers will be served to your spouse. This will let them know papers have been filed and that the divorce has been started. At our firm, we advise you to use a certified process service. We employ one and can arrange for the service of process according to your instructions. Divorce papers can be personally delivered to your spouse, mailed along with an acknowledgment form that must be signed, dated, and returned, mailed via certified mail, served by a sheriff, etc.

In California, divorce will take a minimum of six months. This is known as the “waiting period” and is required. Not even the judge can shorten that period. It is required so that you and your spouse do not change your mind; it is a period given to you by the court in case you want to reconcile.

• Preparing to File for Divorce
• Filing for Divorce
• Serving the Divorce Papers
• Responding to the Divorce
• Temporary Orders
• Financial Disclosures
• Settlement (Agree to Terms and Division of Property)
• Trial
• Post-Judgment Issues
• Final Dissolution of Marriage

California state is a community property state. In other words, all property acquired during the marriage is considered equally owned by both spouses unless it was inherited or received as a gift by just one spouse. This includes assets such as real estate, retirement accounts, bank accounts, as well as personal property.

The aim is for a fair and equitable division and for both spouses to emerge on relatively even footing and to enjoy a standard of living similar to what they experienced during the marriage.

If your spouse has filed for a divorce, there is no way for you to stop it unless there is a mutual agreement by both parties. You do not have to agree with the divorce for the process to continue.