Divorce Attorney in California

How Divorce Works in California?

California is a no-fault divorce state. This means you cannot base a divorce on fault, such as adultery or misconduct. Instead, the ground for divorce is irreconcilable differences — meaning the marriage has broken down and cannot be repaired.

Here are the main issues that are usually resolved in a divorce:

• Dividing Property and Debts: In California, most assets and debts acquired during the marriage are considered “community property” and are usually divided equally. Separate property, such as assets owned before marriage or received as a gift or inheritance, typically remains with the original owner.

   

• Child Custody and Parenting Time: Custody and visitation decisions are based on what is in the best interests of the child. Courts generally want children to have frequent and continuing contact with both parents, unless such contact would not be safe or healthy. Parenting plans cover where children live and who makes important decisions.
• Child Support: Child support is determined by a statewide formula that considers both parents’ incomes, the time each parent spends with the children, and certain allowable expenses.

Spousal Support (Alimony): Spousal support may be ordered temporarily while the divorce is pending, and longer-term support may be awarded after the divorce is final. Courts consider factors such as the length of the marriage, each spouse’s income and earning capacity, the marital standard of living, and contributions made during the marriage.

Uncontested Divorce

If you and your spouse already agree on all the major issues — property, custody, and support — the process can be much simpler. We will:

• Draft and review your agreement to make sure it’s legally valid

• Prepare and file all required paperwork

• Guide you through to a final judgment of divorce

This option saves time, money, and stress.

Contested Divorce

If you and your spouse cannot agree, the case is considered contested. This often happens when there are disagreements over custody, property, or financial support. Contested divorces can be more complex and may involve expert help, such as financial specialists or custody evaluators.

Our attorneys are skilled negotiators and litigators. We’ll work hard to settle your case outside of court when possible, but we are fully prepared to advocate for you in court if needed.

Private Judge Option

California allows you and your spouse to use a retired judge to approve your divorce judgment. This can save significant time since superior court dockets are often backlogged and it may take months for a judge to review and sign your paperwork.

With a private judge:

• Faster Review: Your judgment and marital settlement agreement can be signed more quickly than waiting in the public system.

• Same Legal Effect: Once filed and accepted by the court clerk, your divorce is just as final and enforceable as if it were signed by a superior court judge.

• Less Delay: This option is especially helpful when you and your spouse already have an agreement and want to avoid unnecessary waiting.

Your divorce judgment still must be filed with the court and accepted by the clerk before it becomes final, but using a private judge helps move the process forward faster.

Protect your assets and your privacy. Contact Bay Legal Today to learn more about our contested and uncontested divorce services.

Why Choose Bay Legal For Your Divorce?

Choosing the right attorney is the most important decision you will make. Your legal partner must possess a sophisticated understanding of the law and a commitment to your personal and financial well-being.

• Designed for Professionals and High-Net-Worth Clients: We specialize in cases involving complex financial portfolios. We understand the nuances of business ownership, executive compensation, and significant investments, ensuring your financial future is secure.
• Attorney-Led Guidance at Every Step: Your case is managed directly by an experienced attorney from start to finish. You receive personalized attention and strategic counsel, not handed off to junior staff.
• Absolute Discretion: We are committed to protecting your privacy. Our processes and communication are designed to ensure complete confidentiality throughout your case.
• Transparent and Clear Process: We demystify the legal process with clear communication and straightforward advice. Representation typically begins with an initial deposit. During your consultation, once we are familiar with your situation, we’ll provide a clear estimate of the investment required to achieve your goals.

Frequently Asked Questions

1. Do I have to prove my spouse did something wrong?

No. California is a no-fault divorce state. You cannot base a divorce on fault, such as adultery or misconduct. Instead, the ground for divorce is irreconcilable differences, meaning the marriage has broken down and cannot be repaired.

2. How long does a divorce take?

Even if everything is agreed upon, California law requires a minimum six-month waiting period before a divorce can be finalized. Some cases take longer depending on how complicated they are.

3. What’s the difference between contested and uncontested divorce?

Uncontested means you and your spouse agree on everything and only need the paperwork handled. Contested means you don’t agree and need attorneys and possibly the court to resolve the issues.

4. Will I have to go to court?

Not always. Many uncontested divorces are finalized without anyone stepping into a courtroom. If your case is contested, you may have hearings. If you and your spouse are in agreement, you may also be able to use a private judge to speed up the signing of your judgment so it can be filed more quickly.

5. How will property and debts be divided?

Anything acquired during the marriage is usually divided equally. Property you had before marriage or received as a gift or inheritance usually stays yours.

6. What happens with the children?

Custody and visitation are based on what’s best for the children. The goal is usually for children to have ongoing relationships with both parents, unless that would be harmful.

7. How is spousal support decided?

Temporary support may be ordered during the divorce, and longer-term support may be ordered after. Factors include how long you were married, your incomes, and your standard of living during the marriage. For marriages of 10 years or more, courts often retain jurisdiction over spousal support for an indefinite period.

8. Can I make the process faster?

You cannot shorten the six-month waiting period, but you can often avoid delays in finalizing your divorce by using a private judge. A private judge can review and sign your judgment and marital settlement agreement more quickly than waiting for a superior court judge. The judgment must still be filed and accepted by the court clerk before it becomes final.

Secure Your Future Today

The decisions made during your divorce will shape your financial and family future. With Bay Legal, you gain a dedicated partner who will protect your rights, your dignity, and your long-term security.

Don’t wait to take control of your future. Your first step towards a secure resolution is a simple phone call. 📞 Call us at (650) 668-8000
to schedule your confidential consultation with an experienced California divorce attorney.