Fernandez Family Law

Will my spouse automatically get half of everything in a California divorce?

Not necessarily. California is a community property state, which means that in a divorce, assets and debts acquired during the marriage are generally divided equally. However, this doesn’t mean that everything is split 50/50 across the board.

What is the difference between contested and uncontested divorce in California?

A contested divorce means you and your spouse disagree on major issues like custody, support, or property. An uncontested divorce means you’ve reached an agreement on all terms. Uncontested is faster—but only smart if you’re confident you’re not giving away too much.

How long does a divorce take in California?

California has a mandatory six-month waiting period from the date the respondent is served. But depending on complexity, delays, and cooperation, it can take months—or even years.

What does it cost to get divorced in California?

At minimum, you’ll pay the court’s $435 filing fee. Attorney fees vary. Complex or contested cases cost more—but they also protect what matters most. We offer flexible strategies based on your priorities.

Can I file for divorce without my spouse’s consent?

Yes. California is a no-fault divorce state. You don’t need your spouse’s agreement—just proper legal notice and procedure.

Do I have to go to court for my divorce?

Not always. If you reach an agreement through mediation or settlement, your divorce can be finalized without ever setting foot in a courtroom.

Is California a 50/50 property division state?

Not exactly. California follows community property law, meaning assets acquired during marriage are split evenly—unless you prove something is separate. That’s where strategy matters.

Will I lose custody if I move out of the house?

Not necessarily, but it can affect the court’s perception. Judges want to preserve stability for children. Always consult before making moves during divorce.