Frequently Asked Questions
Family Law in California

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.

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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. Consulting with a Certified Family Law Specialist can help you understand whether filing first makes sense for your situation.

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. A legal separation can later be converted to a divorce if either party chooses.

How is child custody determined in California?

California courts determine child custody based on the "best interest of the child" standard. Judges consider multiple factors including the child's health, safety, and welfare; the child's emotional bond with each parent; each parent's ability to provide a stable, nurturing environment; history of abuse or substance issues; and the child's ties to their school, home, and community. In San Bernardino County, parents are typically required to attend custody mediation before any court hearing on contested custody issues.

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Does the mother always get custody in California?

No. California law explicitly prohibits judges from considering a parent's gender when making custody decisions. Both parents are presumed equally capable of caring for their children. The court's sole focus is the child's best interests, not which parent is the mother or father. In practice, many custody arrangements result in some form of shared custody to maintain the child's relationship with both parents.

What are the types of child custody in California?

California recognizes two types of custody: Legal custody refers to the right to make important decisions about a child's life, including education, healthcare, and religious upbringing. Physical custody refers to where the child lives on a day-to-day basis. Both types can be awarded jointly (shared between both parents) or solely to one parent. Courts often favor joint legal custody to ensure both parents remain involved in major decisions, while physical custody arrangements vary based on the family's circumstances.

Can child custody orders be modified?

Yes, custody orders can be modified when there is a significant change in circumstances. Common reasons for modification include a parent relocating, evidence of abuse or neglect, changes in work schedules that affect parenting time, the child's changing needs as they grow older, or concerns about substance abuse. The parent requesting the change must demonstrate that modification serves the child's best interests.

Can a custodial parent move out of state with the child?

A parent with primary physical custody has a presumptive right to relocate with the child, but they must provide written notice to the other parent at least 45 days before the proposed move. The non-custodial parent can file a motion objecting to the relocation. The court will then evaluate whether the move serves the child's best interests, considering factors like the reasons for the move, the impact on the child's relationship with the non-moving parent, and the child's connection to their current community.

How is child support calculated in California?

California uses a statewide guideline formula established in Family Code Section 4055. The calculation considers both parents' net disposable incomes, the percentage of time each parent has physical custody, tax filing status, deductions for mandatory costs like health insurance and union dues, and support obligations for other children. The formula is complex and typically requires specialized software to compute accurately. While courts must order guideline support in most cases, deviations may be allowed by agreement or in special circumstances.

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Does 50/50 custody mean no child support?

Not necessarily. Even when parents share equal custody time, child support may still be required if there is a significant income disparity between the parents. The California guideline formula considers both the time-share percentage and each parent's income. If one parent earns substantially more than the other, they may be ordered to pay support even with a 50/50 custody arrangement to ensure the child enjoys a similar standard of living in both households.

How long do child support payments last in California?

Child support in California generally continues until the child turns 18 and graduates from high school, or turns 19 if they are still a full-time high school student, whichever comes first. Support continues beyond 18 for adult children who are incapacitated and unable to support themselves. Parents may also agree to extend support for college expenses, though courts cannot order support for college. Arrears (past-due support) remain collectible indefinitely.

Can child support orders be modified?

Yes, child support orders can be modified when there is a significant change in circumstances. Common reasons include job loss or significant income change, changes in the custody or visitation schedule, new support obligations for other children, changes in childcare or healthcare costs, and remarriage affecting household income. Either parent can request a modification, but the change is not automatic—you must file a motion with the court. Support modifications typically take effect from the date of filing, not retroactively.

Do I still have to pay child support if the other parent denies visitation?

Yes. Child support and visitation are legally separate issues in California. You cannot stop paying child support because the other parent is denying your visitation rights, just as the other parent cannot deny visitation because you haven't paid support. If you're being denied visitation, the proper remedy is to file a motion for contempt or to modify the custody order—not to withhold support. Similarly, if you're owed support, you should seek enforcement rather than restricting visitation.

What is spousal support (alimony)?

Spousal support, also known as alimony, is a court-ordered payment from one spouse to the other during or after a divorce or legal separation. Its purpose is to provide financial assistance to the lower-earning spouse, helping them maintain a lifestyle similar to what they were accustomed to during the marriage or to become self-supporting. California recognizes two types: temporary support during the divorce process, and long-term support ordered when the divorce is finalized.

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Is spousal support always ordered in California divorces?

No, spousal support is not automatically awarded. The spouse seeking support must request it, and the court will determine its appropriateness based on specific circumstances. Factors like similar earning capacities, a very brief marriage, or the requesting spouse's ability to be self-supporting might lead to support being denied or limited. Each case is evaluated individually based on the factors outlined in California Family Code Section 4320.

How is spousal support calculated in California?

California uses different approaches for temporary and long-term spousal support. Temporary support during divorce proceedings is often calculated using a formula (like the "Santa Clara Guideline"). Long-term support, however, is based on the factors in Family Code Section 4320, including the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, each spouse's assets and debts, contributions to the other's career or education, age and health of both parties, and the impact of domestic violence if applicable.

How long does spousal support last in California?

The duration of spousal support depends significantly on the length of the marriage. For shorter marriages (under 10 years), support typically lasts for about half the length of the marriage. For longer marriages (10 years or more—known as "long-term marriages"), the court retains jurisdiction indefinitely and may not set a termination date. Support can be modified or terminated based on changed circumstances, such as the receiving spouse's remarriage, cohabitation with a new partner, or either party's retirement.

Are spousal support payments taxable in California?

For divorces finalized after January 1, 2019, spousal support is not tax-deductible for the paying spouse and is not reported as taxable income by the receiving spouse on federal tax returns. However, California state tax rules differ—spousal support may still be deductible and taxable on California state returns. For divorces finalized before January 1, 2019, the old rules apply: payments are deductible for the payer and taxable income for the recipient at both federal and state levels.

How is property divided in a California divorce?

California is a community property state. This means all property acquired during the marriage is presumed to belong equally to both spouses and is typically divided 50/50 in divorce. This includes real estate, bank accounts, retirement accounts, investments, vehicles, and debts. Separate property—assets owned before marriage, acquired by gift or inheritance, or accumulated after separation—generally remains with the original owner and is not subject to division.

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What is the difference between community property and separate property?

Community property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account. Separate property includes assets owned before marriage, property received as a gift or inheritance during marriage (even if given by the other spouse), and assets acquired after the date of separation. The distinction is critical because community property is divided equally while separate property stays with its owner.

How are retirement accounts divided in California divorce?

Retirement accounts earned during the marriage are community property subject to division. The portion earned before marriage or after separation remains separate property. Division of qualified retirement plans like 401(k)s and pensions typically requires a Qualified Domestic Relations Order (QDRO)—a court order that directs the plan administrator to divide the account without triggering taxes or penalties. IRAs are divided differently and don't require a QDRO but do require specific transfer procedures.

What happens to the family home in divorce?

Several options exist for the family home: One spouse can buy out the other's share and keep the home; the home can be sold with proceeds divided equally; or the court can order a deferred sale, allowing one spouse (often the custodial parent) to remain in the home for a specified period before eventual sale. If one spouse owned the home before marriage, they may retain it as separate property, though community funds used for mortgage payments or improvements may create a reimbursement claim.

What is divorce mediation?

Divorce mediation is a process where a neutral third party (the mediator) helps divorcing spouses reach agreements on issues like property division, custody, and support. Unlike litigation where a judge makes decisions, mediation empowers couples to craft their own solutions. The mediator facilitates discussion but does not make binding decisions. When successful, mediation can be faster, less expensive, and less adversarial than going to court.

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Is mediation required in California divorces?

While general divorce mediation is not required, California does require custody mediation before any contested custody hearing. In San Bernardino County, parents with custody disputes must attend mediation through Family Court Services. For other divorce issues like property division and spousal support, mediation is voluntary but often encouraged by the court and can be an effective way to reach resolution.

What is the difference between mediation and collaborative divorce?

In mediation, a single neutral mediator works with both parties to facilitate agreement. In collaborative divorce, each spouse has their own attorney, and both parties and attorneys sign an agreement to negotiate in good faith without going to court. If collaborative negotiations fail, both attorneys must withdraw and new counsel must be retained—creating a strong incentive to reach settlement. Both approaches aim to avoid litigation but involve different structures and commitments.

Can a mediated agreement be changed later?

Once a mediated agreement is incorporated into a court order, it can be modified like any other court order—when there is a significant change in circumstances. For child custody and support, modifications are possible if circumstances change materially. Property division agreements are generally final and more difficult to modify. Having an attorney review your mediated agreement before signing is important to understand your rights and obligations going forward.

What is Legal Coaching?

Legal coaching consists of private strategy sessions where an attorney coach helps you plan, organize documents, understand procedures, and prepare for negotiations or hearings - without formal representation. It's ideal for self-represented litigants who want expert guidance while handling their own case.

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Is coaching right for me?

Coaching fits DIY or limited-scope cases that need clarity and planning. If you're comfortable filing your own documents and appearing in court but want strategic guidance, coaching may be a good fit. If you need someone to appear in court as your attorney of record or handle filings for you, full representation is better.

How are coaching sessions delivered?

Coaching sessions are delivered remotely via video or phone, with shared outlines and checklists. Sessions typically run 50 minutes, and follow-ups include action steps and resources. This flexible format allows you to get expert guidance from anywhere.

What sets Lewis Legal Group apart from other family law firms?

Heather Lewis is a Certified Family Law Specialist (CFLS), a certification held by only about 1% of California attorneys. This State Bar certification requires demonstrated expertise, peer recognition, and ongoing education in family law. We also offer flexible service options including traditional full representation and remote legal coaching for self-represented litigants, allowing you to choose the level of support that fits your needs and budget.

Do you offer free consultations?

We offer initial consultations where we can discuss your situation, answer preliminary questions, and explain how we can help. Contact us at (760) 955-2500 or through our website to schedule a consultation and discuss our fee structure.

What areas do you serve?

Lewis Legal Group APC serves all of San Bernardino County, including Victorville, Hesperia, Apple Valley, San Bernardino, and surrounding communities. Our office is located in Victorville at 14338 Park Ave, 1st Floor. We also offer remote legal coaching services for clients throughout California.

How much does a family law attorney cost?

Attorney fees vary depending on the complexity of your case and the type of services you need. We offer transparent pricing for both full representation and legal coaching services. During your consultation, we'll provide a clear explanation of our fee structure and what to expect. We believe in honest communication about costs so you can make informed decisions about your legal representation.