Frequently Asked Questions

California has a mandatory six-month waiting period from the date the responding spouse is served before a divorce can be finalized. Simple, uncontested cases may resolve close to that six-month mark, while contested cases involving disputes over property, support, or custody can take a year or longer. The timeline depends heavily on how much the two spouses agree on and how quickly the court can hear the matter.

California courts decide custody based on the best interests of the child. There is no automatic preference for either parent. The starting point in the law is that a child benefits from frequent and continuing contact with both parents, so equal custody is often the baseline. That can change when there is evidence of a safety concern, such as domestic violence, substance abuse, or an untreated mental health condition, in which case the court may limit or supervise a parent's time.

California uses a statewide guideline formula to calculate child support. The formula considers each parent's income, the amount of time each parent spends with the child, tax filing status, and certain deductions such as health insurance and mandatory retirement contributions. Because the formula is detailed and the inputs matter, an experienced attorney can help ensure the numbers used are accurate and fair.

An uncontested divorce is one in which both spouses agree on all major issues, including property division, support, and custody. These cases are faster, less expensive, and less stressful. A contested divorce is one in which the spouses disagree on one or more issues and need the court, or a negotiated settlement, to resolve them. Many cases begin as contested and settle before trial.

A prenuptial agreement is signed before marriage and a postnuptial agreement is signed after, but both let a couple decide in advance how property, debt, and support will be handled. These agreements are especially useful when one spouse owns a business, has significant separate assets, or is entering a second marriage. A properly drafted agreement can prevent costly disputes later, and California has specific requirements that must be met for it to be enforceable.

Cost depends on the complexity of your case and how much the issues are disputed. An uncontested divorce costs far less than a contested trial. At Smith Family Law, we offer a free 30-minute phone consultation so you can understand your situation and discuss fees before making any commitment. We aim to be straightforward about cost from the beginning.

Yes. California allows modifications when there has been a significant change in circumstances, such as a change in income, a relocation, or a shift in a child's needs. To change an order, you file a request with the court and show why the modification serves the child's best interests or reflects the changed financial reality. An attorney can help you determine whether your situation qualifies.

Start by gathering basic financial information, such as income records, account statements, and a list of assets and debts. Avoid making major financial moves or decisions about the children without understanding your rights. Then speak with a family law attorney who can explain your options. A free consultation with our team is a low-pressure way to learn where you stand before taking any formal step.