Whittier Family Law FAQs

California has a mandatory waiting period of at least six months before a divorce can be final. The clock starts when the other spouse is served or first appears in the case. Many divorces take longer, especially when there are disagreements about children or property. Learn more on our divorce page.

No. California is a "no-fault" state. Most divorces are based on "irreconcilable differences," which simply means the marriage has broken down. You do not need your spouse's permission to get divorced.

In general, California divides community property and debts equally. Community property is usually what either spouse gained during the marriage. Separate property, such as things owned before the marriage or gifts and inheritances, usually stays with the spouse who owns it. A prenup or postnup may change these rules.

The judge decides based on the child's best interest. The court looks at the child's health, safety and welfare, any history of abuse, and the child's contact with each parent. California also favors frequent and continuing contact with both parents when that is safe. Read more on our child custody page.

In Los Angeles County, parents who disagree about custody generally meet with a Family Court Services counselor before a judge decides. The counselor tries to help parents reach an agreement. If they do not agree, the counselor may make a recommendation to the judge. It is a good idea to prepare before your appointment.

It depends. If the move would affect the other parent's time, you may need the other parent's agreement or a court order. The court looks at many factors, including the child's relationship with each parent and the reason for the move. Talk with a lawyer before you move, not after.

California uses a statewide formula called the guideline. The main inputs are each parent's income and how much time the child spends with each parent. Courts use approved software to run the numbers, so accurate information is key. See our child support page for more.

Yes, in most cases. Either side can ask the court to modify support when circumstances change, such as a job loss or a new parenting schedule. A change generally can only go back to the date the request is filed, so it is important not to wait. Some spousal support agreements may say support cannot be changed.

There is no single answer. Judges consider many factors, including the length of the marriage, each spouse's earning ability and the standard of living during the marriage. For marriages of 10 years or more, the court generally keeps the power to review support with no set end date. Learn more on our spousal support page.

A judge can review a request for a temporary restraining order quickly, often the same day or the next court day, without the other person present. A hearing on a longer order is then set, usually within a few weeks. If you are in immediate danger, call 911. Read more on our restraining order page.

Read the papers carefully and follow the order exactly, even if you disagree with it. Do not contact the other person, directly or through others. File a response and prepare for the hearing. A restraining order can affect custody, where you live and your right to own firearms, so it helps to get legal advice right away.

First, parentage usually needs to be established, either by a signed voluntary declaration of parentage or by a court order. Once you are a legal parent, you can ask the court for custody, visitation and support orders. Learn more on our paternity page.