California Divorce Attorney
Certified Family Law Specialist
Divorce in California: What You Need to Know
Filing for divorce is one of the most significant legal decisions you'll make. Whether you've been married for a few years or several decades, the process involves important decisions about your property, your finances, and—if you have children—your family's future structure.
At Lewis Legal Group, we guide families through every stage of the divorce process. As a Certified Family Law Specialist, Heather Lewis brings focused expertise to help you understand your options, protect your interests, and move forward with a clear plan.
California Is a No-Fault Divorce State
California was the first state in the nation to adopt no-fault divorce in 1970. Under California law, you don't need to prove your spouse did anything wrong to obtain a divorce. The only grounds required are:
- Irreconcilable differences — the marriage has broken down and cannot be saved
- Incurable insanity — rarely used, requires extensive medical proof
This no-fault approach means the court won't consider misconduct like infidelity when dividing property or determining support. The focus is on fair division and the best interests of any children involved.
Residency Requirements
Before filing for divorce in California, you must meet the following residency requirements:
- State residency: At least one spouse must have lived in California for at least 6 months
- County residency: The filing spouse must have lived in the county where the petition is filed for at least 3 months
If you recently moved to San Bernardino County but haven't met the county residency requirement, you can file a petition for legal separation immediately and later convert it to a divorce once the requirement is met.
The Divorce Timeline
California law imposes a mandatory six-month waiting period from the date the respondent is served with divorce papers. This means even the most straightforward, uncontested divorce cannot be finalized until at least six months have passed.
Typical Timelines:
- Uncontested divorce: 6-8 months — both parties agree on all terms
- Contested divorce: 12-18 months — disputes require court intervention
- Complex divorce: 2+ years — high-asset cases, custody battles, or business valuations
San Bernardino County court availability can affect these timelines. Working with a Certified Family Law Specialist who understands local procedures can help streamline your case.
Key Issues in California Divorce
Property Division
California is a community property state. All assets and debts acquired during the marriage are presumed to be owned equally by both spouses and are typically divided 50/50. This includes:
- Real estate (including the family home)
- Bank accounts and investments
- Retirement accounts and pensions
- Businesses started during the marriage
- Debts including mortgages, credit cards, and loans
Separate property—assets owned before marriage, received as gifts, or inherited—generally remains with the original owner. However, commingling can blur these lines, making proper characterization critical.
Learn more about Property Division →
Child Custody and Visitation
If you have minor children, the court will establish custody and visitation arrangements based on the children's best interests. San Bernardino County requires mediation for custody disputes before any court hearing.
Learn more about Child Custody →
Child Support
California uses a statewide guideline formula to calculate child support based on both parents' incomes and the amount of time each parent spends with the children.
Learn more about Child Support →
Spousal Support (Alimony)
The court may order one spouse to pay support to the other, either temporarily during the divorce or for a longer term afterward. The duration often depends on the length of the marriage.
Why Work with a Certified Family Law Specialist?
The California State Bar's Board of Legal Specialization certifies attorneys who have demonstrated exceptional expertise in family law. To become a CFLS, an attorney must:
- Pass a rigorous written examination
- Demonstrate substantial experience in family law matters
- Receive favorable evaluations from judges and fellow attorneys
- Complete ongoing education requirements
Only approximately 1,200 attorneys in California hold this certification. When you work with Heather Lewis, you're working with one of the state's recognized experts in family law—not a general practitioner handling divorce cases occasionally.
Our Approach to Divorce Cases
We believe divorce doesn't have to be a battle. Our approach emphasizes:
- Settlement first: Most divorces can be resolved through negotiation, saving time and money
- Clear strategy: We outline realistic timelines, costs, and outcomes from the start
- Focused advocacy: When litigation is necessary, we're prepared to fight for your rights in court
Whether your divorce is straightforward or involves complex property, custody disputes, or high-conflict dynamics, we provide the guidance you need.
Frequently Asked Questions About California Divorce
How long does a California divorce take?
The minimum time for a California divorce is six months from the date the respondent is served with the petition. This is a mandatory waiting period set by California law. Uncontested divorces where both parties agree on all issues can often be finalized shortly after this six-month period. Contested divorces—where disputes exist over property, custody, or support—typically take 12 to 18 months, and complex cases can extend even longer depending on court availability in San Bernardino County.
What are the grounds for divorce in California?
California is a "no-fault" divorce state, meaning neither spouse needs to prove the other did something wrong to obtain a divorce. The most common ground is "irreconcilable differences," which simply means the marriage has broken down and cannot be repaired. The only other ground is incurable insanity. This no-fault approach allows couples to end their marriage without assigning blame, often reducing conflict and making the process more straightforward.
Does it matter who files for divorce first in California?
In a no-fault state like California, filing first does not provide a significant legal advantage. The court will consider both parties' interests equally regardless of who initiated the proceedings. However, there may be strategic reasons to file first, such as establishing the separation date, setting the tone for negotiations, or ensuring you have time to gather financial documents.
What is the difference between legal separation and divorce?
Legal separation and divorce follow similar legal processes and address the same issues—property division, custody, and support—but with one key difference: you remain legally married after a legal separation. Some couples choose legal separation for religious reasons, to maintain health insurance benefits, or because they're uncertain about ending the marriage permanently.
How is property divided in a California divorce?
California is a community property state, meaning all assets and debts acquired during the marriage are generally divided 50/50 between spouses. This includes income, real estate, retirement accounts, and debts. Separate property—assets owned before marriage, received as gifts, or inherited—typically remains with the original owner.
California Legal Resources
Divorce Attorney Serving San Bernardino County
We provide divorce representation throughout San Bernardino County, including:
- Victorville Divorce Attorney — Our office is in Victorville
- Hesperia Divorce Lawyer
- Apple Valley Family Law Attorney
- San Bernardino Family Law Attorney
Ready to Discuss Your Divorce?
A Certified Family Law Specialist can help you understand your options and develop a strategy tailored to your situation. Contact us today to schedule a consultation.