Frequently Asked Questions

California is a no-fault divorce state, which means neither spouse has to prove the other did anything wrong. You file based on “irreconcilable differences,” and from there, the court works through property division, support, and custody.

The basic timeline looks like this: one spouse files a petition, the other is served and responds, and then both sides work through financial disclosures and negotiations. California has a mandatory six-month waiting period from the date of service before a divorce can be finalized — even if everything is agreed upon. Uncontested cases often wrap up close to that six-month mark, while contested cases involving disputes over custody or assets can take a year or more.

As of 2026, California also allows a streamlined joint petition process (under SB 1427), which lets both spouses file together and skip formal service entirely. This is a meaningful change for couples who are already in agreement and want to reduce paperwork and conflict.

Read: “Does My Spouse Get Half of Everything?” and Divorce in California: How the Process Really Works

At minimum, six months. California law requires a mandatory six-month waiting period from the date the other spouse is served with divorce papers before a judgment can be finalized — even if both sides agree on everything from day one.

In practice, an uncontested divorce where both spouses are aligned on property, support, and custody often wraps up close to that six-month mark. Contested cases take longer. If there are disputes over child custody, complex assets like businesses or multiple properties, or disagreements about spousal support, the process can stretch to 12-18 months or more. Cases that go to trial can take even longer depending on the court’s calendar.

A few things that tend to speed the process up: reaching agreements on key issues early (ideally through mediation), staying on top of required financial disclosures, and using the new joint petition option if both spouses are cooperative. A few things that slow it down: one spouse being unresponsive or difficult to serve, contested custody evaluations, and disputes requiring forensic accountants or business valuators.

Read more: How Long Does a Divorce Take in California? →

The honest answer is that it depends on your situation. The main factors that drive the cost of a divorce are whether it’s contested or uncontested, how complex your assets are (business ownership, real estate, retirement accounts), whether there are custody disputes, and how willing both parties are to negotiate.

An uncontested divorce where both spouses agree on the major terms will cost significantly less than a contested case that requires court hearings, expert valuations, and extended negotiations. Mediation is often a more affordable path — and one we encourage when it makes sense. The more you and your spouse can resolve before or during the process, the lower the cost tends to be.

Every case is different, and we’re happy to walk you through what to expect during a free consultation.

Several significant changes took effect in 2025 and 2026. The biggest is Senate Bill 343 (SB 343), which overhauled how child support is calculated in California. The updated formula adjusts the “K factor” income bands to better reflect current wages and the cost of living — the lowest band was raised to match the state minimum wage of $15/hour. This provides meaningful relief for low-income parents who were previously being assessed at the highest percentage tier.

Other key changes include: child support payments can now be directed into special needs trusts for children with disabilities (protecting their SSI and Medi-Cal eligibility), the new joint dissolution petition process that simplifies uncontested divorces, stricter rules around firearm relinquishment in domestic violence cases, and courts now consider illegal firearm possession when making emergency custody orders.

If you have an existing child support order, these changes may be grounds to request a modification.

An annulment is different from a divorce — it treats the marriage as though it never legally existed. California allows annulments only under specific circumstances: one spouse was underage at the time of marriage, the marriage involved fraud or misrepresentation, one spouse was of “unsound mind,” the marriage was entered into under force or duress, or one spouse was physically incapable of consummating the marriage.

There’s no single deadline, but timing matters. For fraud-based annulments, you generally need to file within four years of discovering the fraud. For marriages involving a minor, the annulment must be filed before the underage spouse turns 22. If your situation doesn’t qualify for annulment, a divorce or legal separation may be the better path.

This is one of the most-searched legal questions in the state — and the short answer is no, not directly. California is a no-fault divorce state, meaning the court does not assign blame for the breakdown of a marriage. Adultery is not a crime in California (it was decriminalized in 1976), and you cannot file a civil lawsuit against your spouse or their affair partner for cheating.

That said, infidelity is not entirely irrelevant in California family court. There are a few situations where it can matter:

If your spouse used community property funds to support the affair — gifts, vacations, hotels, rent for a partner — the court may order reimbursement to the community estate as part of property division. If the affair created an environment that endangered your child’s safety or wellbeing, it could affect custody decisions. And if your spouse was receiving spousal support at the time of the affair, that support may be reconsidered.

But the court will not award you a larger share of assets or deny your spouse custody simply because they cheated. The system is designed around financial fairness and the best interests of children — not moral punishment.

Read more: Can You Sue for Adultery or Cheating in California? →

Because California is a no-fault state, you don’t need to prove any kind of infidelity — virtual or otherwise — to file for divorce. “Irreconcilable differences” is the only ground you need.

That said, virtual infidelity (online relationships, AI companion apps, dating app usage) is increasingly relevant in divorce conversations. While it won’t change the legal outcome of your property division or support order, it can contribute to the emotional breakdown of the marriage and may become part of the broader context if custody evaluations are involved — particularly if a parent’s online activity affected their availability or judgment as a caregiver.

If there has been a change of circumstances, we can assist you with filing a Request for Order with the court to modify child custody and visitation. If it makes sense, we will always try to see if we can come to an agreement with the other parent outside of court first — it’s usually faster, less expensive, and less stressful for everyone involved, especially the children.

Yes. We’ll need to understand the facts of your situation first. If the facts support 50-50 custody and it’s in the best interests of the child, we can file a Request for Order asking the court to modify the current arrangement. As always, we’ll try to settle with the other parent outside of court first when that’s a realistic option.

The first step is to see if the other parent will agree to the change voluntarily. If we’re unable to reach an agreement outside of court, we file a Request for Order to modify custody, attaching any supporting declarations that explain why the change is needed.

The paperwork is then served on the other parent, and they have an opportunity to respond. Once we receive their response, we have a final opportunity to reply. The court then reviews all facts presented and makes an order at a hearing based on what schedule they believe is in the best interests of the child.

Read more: Child Custody Modification in California

Two things are important to understand from the start. First, courts rule based on what’s in the best interests of the child — not on what mom wants or what dad wants. So when making any request, make sure the reasons for the modification are centered on what’s best for the child.

Second, custody is not based on income. Income affects the calculation of child support, but a parent can have custody even if they are unemployed. The court looks at who can provide a stable, safe, and nurturing environment.

California law does not favor one parent over the other based on gender. To obtain sole or full custody, you’ll need to demonstrate that this arrangement is in the best interests of the child. Courts consider factors like each parent’s relationship with the child, the child’s health and safety, any history of abuse or substance issues, and the stability of each parent’s living situation. Full custody is typically granted when one parent poses a risk to the child or is unable to provide adequate care.

California’s community property law means that both spouses are generally entitled to an equal share of all assets and debts acquired during the marriage — regardless of who earned the income. A non-working spouse has the same ownership rights to community property as the working spouse.

Beyond property division, a non-working or lower-earning spouse may also be entitled to spousal support (alimony). The court considers factors like the length of the marriage, the supported spouse’s ability to become self-supporting, the marital standard of living, and each spouse’s age and health. For marriages over 10 years, the court retains jurisdiction over support indefinitely, though the amount and duration can be modified.

Any contributions to a 401(k), pension, or retirement account made during the marriage are considered community property and are subject to division. To divide a 401(k) or pension, you’ll typically need a Qualified Domestic Relations Order (QDRO) — a court order that instructs the plan administrator to divide the account.

The family home is often the other major asset. One spouse may buy out the other’s share, the home can be sold and proceeds split, or one spouse may retain the home while offsetting the value elsewhere in the settlement. As of 2026, California law also requires conventional mortgage lenders to allow an existing borrower to assume their ex-spouse’s portion of the loan during a divorce, making buyouts more feasible.

If you or your children are in danger, you can request a Domestic Violence Restraining Order (DVRO) through the court. In urgent situations, you can request a temporary restraining order (TRO) without the other party being present — the court can issue one the same day. A hearing is then scheduled (usually within 21-25 days) where both sides can present their case, and the judge decides whether to issue a longer-term order, which can last up to five years.

You do not need an attorney to file for a restraining order, but having one can help ensure your paperwork is complete and your case is presented clearly. Courts are also now prohibited from denying protective orders based solely on minor clerical errors in the paperwork — an important change that went into effect recently.

A prenuptial agreement (prenup) is a legal contract signed before marriage that outlines how assets, debts, and spousal support will be handled in the event of divorce. A postnuptial agreement (postnup) is the same thing, but signed after you’re already married.

In California — a community property state — everything earned or acquired during the marriage is generally split 50/50. A prenup or postnup lets you define different terms: protecting a business you built before the marriage, keeping an inheritance separate, outlining expectations around spousal support, or protecting intellectual property and creative work.

These agreements are especially valuable for business owners, entrepreneurs, anyone entering a second marriage, professionals with significant IP or creative assets, and couples with meaningful differences in income or family wealth.

A prenup is not a sign of distrust. It’s a conversation about clarity — and it’s one of the most practical things you can do before one of life’s biggest commitments.

These usually take anywhere from 2 to 5 weeks to draft, depending on the complexity of the assets involved and how quickly both parties can review and negotiate terms.

Social marriage is a concept championed by Attorney Elizabeth Yang as a civil contract alternative to traditional legal marriage. It allows couples to define their own terms for a partnership — including financial arrangements, property rights, and expectations — without entering into the state’s default legal framework for marriage.

The idea is rooted in the belief that modern relationships come in many forms, and the legal structures around them should reflect that. A social marriage gives couples the freedom to build a partnership that fits their values and circumstances, with clear terms agreed upon from the start.

California recognizes several alternatives beyond traditional marriage: domestic partnerships (available to all couples since 2020, not just same-sex couples), cohabitation agreements (contracts between unmarried partners that define property and financial rights), and social marriage (a civil contract approach that lets couples define their own partnership terms).

Each option carries different legal rights and obligations. For example, registered domestic partners in California have nearly all the same rights as married couples under state law, but not under federal law. Cohabitation agreements are useful for couples who want to protect individual assets without any formal registration. The right choice depends on your goals, your assets, and how much legal structure you want around your relationship.

It takes about 1 to 2 weeks for us to perform a comprehensive trademark search and file the application with the USPTO. After filing, the USPTO typically takes 4 to 6 months to examine the application and issue a response. During that waiting period, your trademark is considered “pending” and you can use the ™ symbol after your mark.

The first step is a trademark search to make sure no other party owns a similar mark. If the search clears, we prepare and file the application with the USPTO. If the USPTO’s own examination doesn’t find any similar marks and there are no other issues, the mark proceeds to registration. If the examiner encounters any issues, they’ll issue an office action for us to respond to.

This is a common misconception. Giving credit to the original creator does not automatically protect you from a copyright infringement claim. Copyright law gives the creator exclusive rights to reproduce and distribute their work — and simply tagging or crediting them doesn’t transfer those rights to you.

Fair use is a legal defense that considers factors like the purpose of your use (commercial vs. educational), the nature of the original work, how much you used, and whether your use affects the market for the original. Reposting an entire photo or video with credit typically does not qualify as fair use.

The safest approach is to get explicit permission, use content that is licensed for reuse (like Creative Commons), or create original content. If you’re a business or content creator who relies on social media, understanding these rules can save you from costly takedown notices or lawsuits.

Yes. Both documents serve different purposes and are both required to complete the transfer.

The patent assignment is the formal document filed with the USPTO to officially transfer ownership of the patent on the public record. The change of ownership agreement is the private contract between the parties that contains all the detailed terms of the deal — including the purchase price, warranties, representations, and any conditions of the sale.

Once a non-provisional utility patent application is filed, the typical waiting period for examination by the USPTO is around 2 to 3 years. The timeline can vary depending on the technology area and the complexity of the application.