Monthly Archives: March 2026

Will New CA Gun Laws Impact Gun Restraining Orders?
Domestic Violence, Restraining Order

Will New CA Gun Laws Impact Gun Violence Restraining Orders?

California is at the forefront of gun regulation in the United States, continually updating and strengthening its laws to address gun violence and public safety concerns. In 2026, new legislation brings significant changes to the state’s approach to Gun Violence Restraining Orders (GVROs).

If you or a loved one is involved in a case where gun restraining orders are at issue, understanding these changes is crucial. At The Law Offices of Judy L. Burger, we stay informed about the latest legal developments to best protect your rights and interests.

Understanding Gun Violence Restraining Orders in California

Gun Violence Restraining Orders (GVROs) are civil orders issued by courts to temporarily prohibit individuals deemed a risk to themselves or others from possessing or purchasing firearms and ammunition. These orders are often referred to as “red flag” laws. California was one of the first states to enact such laws, and recent legislative updates have only expanded their scope and enforcement mechanisms.

New Gun Laws Taking Effect in 2026

  • SB 53 requires firearms to be stored in a locked safe in the home.
  • AB 1127 bans several handguns beginning July 1, 2026.
  • AB 1078 limits firearm purchases to three per month starting April 1, 2026.
  • SB 899 streamlines the process for courts to enforce gun violence restraining orders, requiring some individuals to surrender their firearms.
  • SB 704 and AB 1263 require certain firearm transactions to be conducted through a licensed dealer.
  • AB 725 creates new reporting requirements for lost or stolen firearms, extending the rule to include lost or stolen gun parts.

Impact on Those Under Restraining Orders

If you are subject to a domestic violence restraining order, a civil harassment restraining order, or any similar protective order:

  • You are prohibited from possessing, owning, or purchasing firearms and ammunition for the duration of the order.
  • You must surrender any firearms or ammunition you already own to law enforcement, sell them to a licensed dealer, or store them with a licensed dealer.
  • Violating these restrictions can lead to criminal charges, additional penalties, and potential jail time.

SB 899 and other laws make it easier for authorities to enforce these requirements, minimizing loopholes and delays that previously existed.

Legal Challenges and Constitutional Considerations

California’s gun laws—including those enabling GVROs—have faced legal challenges, especially in light of the U.S. Supreme Court’s 2022 Bruen decision, which emphasized the need for gun regulations to be consistent with historical traditions. However, most California laws allowing for the removal of firearms from individuals under restraining orders have survived judicial scrutiny.

Courts generally recognize the compelling state interest in preventing harm, and California continues to adjust its laws to withstand constitutional tests while prioritizing community safety.

Key FAQs About California Gun Restraining Orders

1. Who can request a Gun Violence Restraining Order (GVRO)?
A GVRO can be requested by law enforcement, family members, household members, employers, coworkers, or school employees who have knowledge of the individual’s behavior.

2. How long do GVROs last?
A temporary GVRO can last up to 21 days. After a hearing, a judge may issue a one-year GVRO, which can be extended in court. Under SB 899, GVROs can now last up to five years in certain cases.

3. What happens if I am served with a GVRO or other restraining order?
You must surrender all firearms and ammunition to law enforcement or a licensed gun dealer within the timeframe specified, usually 24-48 hours. Failure to comply is a criminal offense.

4. Can I contest the restraining order or GVRO?
Yes. You have the right to a hearing where you can present evidence and argue against the order. It’s crucial to have experienced legal representation during this process.

5. What if someone violates a GVRO or restraining order?
Violating a GVRO or any restraining order prohibiting firearm possession is a criminal offense and can result in arrest, prosecution, and additional penalties.

How Judy Burger Can Help

Judy Burger is a Certified California Family Law Specialist with extensive experience handling cases involving restraining orders, domestic violence, and firearm restrictions. She understands the complexities of California’s evolving gun laws and how they interact with family law and civil harassment cases.

Whether you are seeking a restraining order to protect yourself and your loved ones, or defending against one, Judy Burger can:

  • Guide you through the legal process for petitioning or contesting a GVRO.
  • Ensure compliance with all state and federal firearm restrictions.
  • Advocate for your rights in court hearings.
  • Help you understand your responsibilities regarding firearm surrender and retrieval.

With the landscape of gun laws in California rapidly changing, it’s more important than ever to have a skilled attorney by your side.

Take the Next Step: Contact The Law Offices of Judy L. Burger

If you have questions about gun restraining orders, GVROs, or how the new California gun laws could affect you or your family, don’t wait. Contact The Law Offices of Judy L. Burger today. Our team is committed to providing clear, effective legal guidance and representation in these critical matters.

Call us now to schedule a confidential consultation and get the help you need to navigate California’s complex gun restraining order laws.

California Law and Spousal Support
Spousal Support

California Law and Spousal Support

Navigating spousal support during a divorce can be one of the most complex and emotionally charged aspects of ending a marriage. In California, spousal support—also known as alimony—is designed to help a lower-earning spouse maintain financial stability during and after divorce. Understanding how California courts determine spousal support can help you prepare for what lies ahead and make informed decisions about your future.

At The Law Offices of Judy L. Burger, we recognize that every divorce situation is unique. As a Certified California Family Law Specialist with extensive experience helping divorcing couples navigate issues like spousal support, Judy L. Burger provides the knowledgeable guidance you need during this challenging time.

Understanding Spousal Support in California

California law recognizes three main types of spousal support: temporary, permanent, and rehabilitative.

  1. Temporary spousal support is awarded during the divorce proceedings to help the lower-earning spouse cover living expenses until the divorce is finalized.
  2. Permanent spousal support, despite its name, is not necessarily lifelong—it refers to support ordered after the divorce is complete and can be modified or terminated based on changing circumstances.
  3. Rehabilitative support: Designed to help the lower-earning spouse acquire skills or education to become self-supporting. 

Unlike child support, which follows specific calculation guidelines, spousal support in California allows judges considerable discretion. Courts evaluate numerous factors to determine whether support is appropriate, how much should be paid, and for how long payments should continue.

Factors Courts Consider

California Family Code Section 4320 outlines the factors judges must consider when determining spousal support. These include the length of the marriage, each spouse’s earning capacity, the standard of living established during the marriage, and each party’s assets and debts. Courts also examine the age and health of both spouses, the supported spouse’s ability to work without interfering with the needs of dependent children, and any documented history of domestic violence.

The supported spouse’s marketable skills and the job market for those skills play a significant role in these decisions. If a spouse has been out of the workforce for years to raise children or support the other spouse’s career, the court considers the time and expense required for that person to acquire education or training to develop employable skills.

Additionally, courts look at each spouse’s contributions to the other’s education, training, or career advancement. For example, if one spouse worked to put the other through medical school, this sacrifice may influence the support determination.

Duration of Spousal Support

The length of the marriage significantly impacts how long spousal support may last. For marriages lasting less than ten years, considered “short-term” marriages under California law, spousal support typically lasts for half the length of the marriage. However, this is a general guideline, not a strict rule.

For marriages lasting ten years or longer, classified as “long-term” marriages, courts retain jurisdiction to award support indefinitely. This doesn’t necessarily mean support will last forever, but it allows the court to modify support as circumstances change without a predetermined end date.

The goal of spousal support is to help the supported spouse become self-supporting within a reasonable period. Courts balance this objective against the realities of each spouse’s situation, including age, health, and employment prospects.

Modifying and Terminating Spousal Support

Spousal support orders are not set in stone. Either party can request a modification if there has been a substantial change in circumstances, such as job loss, significant income changes, retirement, or health issues. The burden of proof falls on the party requesting the modification to demonstrate that circumstances have materially changed since the original order.

Spousal support automatically terminates upon the death of either party or the remarriage of the supported spouse. Support may also end if the supported spouse begins cohabiting with a new partner in a marriage-like relationship, though this requires court action to formally terminate the obligation.

Tax Implications

It’s important to note that federal tax law changed significantly in 2019. For divorce agreements executed after December 31, 2018, spousal support payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the recipient. For agreements finalized before this date, the old rules still apply unless the parties agree to adopt the new tax treatment.

Frequently Asked Questions About Spousal Support

Q: Can I receive spousal support if I work full-time?

Yes. Spousal support is based on the disparity between spouses’ incomes and other factors, not simply whether you’re employed. If your spouse earns significantly more than you, you may still qualify for support.

Q: Is spousal support guaranteed in every California divorce?

No. Spousal support is not automatic. Courts award it based on need and the paying spouse’s ability to pay. In marriages where both spouses earn similar incomes or in very short marriages, spousal support may not be awarded.

Q: Can my ex-spouse avoid paying spousal support by quitting their job?

Courts can impute income to a spouse who voluntarily becomes unemployed or underemployed in bad faith to avoid support obligations. The court will base support on the income that the person is capable of earning, not their actual reduced income.

Q: How does retirement affect spousal support obligations?

Retirement can be grounds for modifying spousal support, particularly if the retirement is at a reasonable age and results in a significant income reduction. However, courts examine whether the retirement is voluntary and in good faith.

Q: Can we agree on spousal support without going to court?

Yes. Spouses can negotiate their own spousal support agreement, which the court will typically approve if it’s fair and both parties entered into it voluntarily with full financial disclosure. This approach often saves time, money, and stress.

Get the Guidance You Deserve

Spousal support decisions have long-lasting financial implications for both parties. Whether you’re seeking support or facing a support obligation, having knowledgeable legal representation is essential to protecting your interests.

The Law Offices of Judy L. Burger has been helping California families navigate complex spousal support matters for years. As a Certified California Family Law Specialist, Judy L. Burger brings extensive experience and a thorough understanding of California family law to every case. Our firm serves clients throughout California, with offices conveniently located to serve your needs.

Don’t face spousal support issues alone. Contact The Law Offices of Judy L. Burger today to schedule a consultation and learn how we can help you achieve a fair resolution. Call us or visit our website to take the first step toward securing your financial future.

How Do I Start an Uncontested Divorce in CA?
California Divorce

How Do I Start an Uncontested Divorce in CA?

When you and your spouse agree that your marriage is over and can work together to resolve the key issues, an uncontested divorce offers a less adversarial, more cost-effective path forward. While the term “uncontested” might suggest a simple process, California’s legal requirements still demand careful attention to detail, proper documentation, and strategic decision-making that can affect your financial future for years to come.

Understanding how to properly initiate and complete an uncontested divorce in California can help you avoid costly mistakes and ensure that your agreement is fair, comprehensive, and legally enforceable.

What Makes a Divorce “Uncontested”?

An uncontested divorce means that you and your spouse agree on all major issues related to ending your marriage. This includes property division, debt allocation, spousal support (if applicable), and, if you have children, custody arrangements, visitation schedules, and child support.

The key advantage of an uncontested divorce is efficiency. Without courtroom battles over contested issues, the process moves faster and costs significantly less than a litigated divorce. However, “uncontested” doesn’t mean “simple” or that legal guidance is unnecessary. The agreements you reach will have long-lasting implications, and ensuring they’re properly structured and documented is essential.

Even when spouses are cooperative and agreeable, having knowledgeable legal representation protects your interests and ensures you’re not inadvertently agreeing to terms that could harm you financially or legally down the road.

Meeting California’s Basic Requirements

Before you can file for divorce in California, you must meet certain residency requirements. Either you or your spouse must have lived in California for at least six months immediately before filing, and you must have lived in the county where you plan to file for at least three months.

California is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse. The most common ground for divorce is “irreconcilable differences,” which simply means you and your spouse have differences you cannot resolve and that have caused the permanent breakdown of your marriage.

It’s important to understand that even in an uncontested case, California law imposes a mandatory six-month waiting period from the date your spouse is served with divorce papers until your divorce can be finalized. This waiting period cannot be waived, regardless of how quickly you and your spouse reach agreements on all issues.

Step One: Preparing and Filing the Initial Paperwork

The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage (Form FL-100) with the superior court in the appropriate county. Along with the petition, you’ll file a Summons (Form FL-110), which notifies your spouse of the divorce action and their rights and responsibilities during the proceedings.

Even though your divorce is uncontested, these initial documents must be completed accurately and thoroughly. The petition requires information about your marriage, children (if any), and preliminary declarations about property and support. Mistakes or omissions at this stage can cause delays or complications later.

You’ll also need to file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105) if you have minor children, which provides information about the children’s residence history and any other custody proceedings.

Step Two: Serving Your Spouse

After filing the initial paperwork, you must formally serve your spouse with copies of the documents. Even in an uncontested divorce, California law requires proper service to ensure due process. You cannot serve the papers yourself—someone else who is at least 18 years old and not a party to the divorce must serve your spouse.

Common service methods include personal service by a process server or sheriff, service by mail with acknowledgment of receipt, or, if your spouse is cooperative, they can sign a Notice and Acknowledgment of Receipt (Form FL-117), which simplifies the process.

Once your spouse is served, they have 30 days to file a Response (Form FL-120). In an uncontested divorce, your spouse will typically file a response agreeing with the petition or simply not contest it. If they don’t respond within 30 days, you can proceed with a default divorce.

Step Three: Exchanging Financial Disclosures

California law requires both spouses to complete and exchange preliminary financial disclosures, even in uncontested divorces. This requirement ensures both parties have full knowledge of all assets, debts, income, and expenses before agreeing to a settlement.

You’ll each need to complete a Declaration of Disclosure (Form FL-140), an Income and Expense Declaration (Form FL-150), and a Schedule of Assets and Debts (Form FL-142). These documents provide a complete financial picture and form the basis for dividing property and determining support obligations.

Failing to fully and accurately disclose all financial information can result in your judgment being set aside later, even years after your divorce is final. This is one area where having a Certified Family Law Specialist review your disclosures can prevent future problems.

Step Four: Creating Your Marital Settlement Agreement

The heart of an uncontested divorce is the Marital Settlement Agreement (MSA), a comprehensive contract that details how you and your spouse will divide property and debts, handle spousal support, and, if applicable, address custody, visitation, and child support.

While you and your spouse may agree on the general terms, properly drafting an MSA requires careful attention to legal language, tax implications, and enforceability. The agreement must be clear, specific, and comprehensive to avoid future disputes or the need to return to court for clarification.

Issues to address in your MSA include division of real property, bank accounts, retirement accounts, vehicles, personal property, and debts; whether either spouse will pay or receive spousal support and for how long; division of tax refunds or liabilities; responsibility for attorney fees; and, if you have children, a detailed parenting plan and child support arrangement.

Even in the most amicable divorces, having an attorney review or draft your MSA ensures that your agreement complies with California law, addresses all necessary issues, and protects your interests.

Step Five: Finalizing Your Divorce

Once all documents are completed and filed, and the six-month waiting period has passed, you can request a final judgment. You’ll file a Request to Enter Default (Form FL-165) if your spouse didn’t file a response, or if they did respond, you’ll file a Request for Judgment (Form FL-180) along with your MSA and other required documents.

In many uncontested cases, you won’t need to appear in court. The judge reviews your paperwork, and if everything is in order, signs the Judgment (Form FL-180), officially ending your marriage. You’ll receive a Notice of Entry of Judgment, and your divorce becomes final on the date specified in the judgment.

Why Legal Guidance Matters—Even in Uncontested Cases

Many people assume that because their divorce is uncontested, they don’t need an attorney. This is a costly misconception. The agreements you make during divorce affect your financial security, your children’s well-being, and your legal rights for years to come.

Judy L. Burger is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, a designation that represents significant experience and proven competence in family law. Even in an uncontested divorce, you want the best legal advice, guidance, and representation possible to ensure your agreement is fair, comprehensive, and properly executed.

Common issues that benefit from legal guidance include properly valuing and dividing retirement accounts; understanding the tax implications of property division and spousal support payments; ensuring spousal support provisions comply with current law; drafting enforceable custody and visitation provisions; and protecting separate property while dividing community property.

California Uncontested Divorce FAQs

Q: How long does an uncontested divorce take in California?
A: At a minimum, six months from the date your spouse is served with divorce papers. Most uncontested divorces are finalized within 6-9 months when all paperwork is completed and filed on time.

Q: How much does an uncontested divorce cost in California?
A: Court filing fees are approximately $435-$450, depending on the county. Attorney fees for uncontested divorces are significantly lower than for contested cases, depending on the complexity and the level of service needed.

Q: Can we use the same attorney for our uncontested divorce?
A:  California ethics rules prohibit an attorney from representing both spouses in a divorce due to conflicts of interest. One spouse can hire an attorney while the other represents themselves, or each can have separate representation. Both parties can hire an attorney if they agree on all issues.  This attorney simply drafts the paperwork and files it with the Court, but does not represent either party.

Q: What if we disagree on one issue but agree on everything else?
A: Your divorce may still proceed as mostly uncontested. Your attorney can help you resolve the disputed issue through negotiation or limited mediation, potentially avoiding full litigation.

Q: Do we qualify for summary dissolution instead of a regular divorce?
A: Summary dissolution is available for marriages under five years with no children, no real property, limited assets and debts, and where both parties waive spousal support. If you meet these criteria, it’s an even simpler process than an uncontested divorce.

Get the Legal Guidance You Deserve

An uncontested divorce may be amicable, but it’s still a significant legal proceeding with lasting consequences. Don’t leave your financial future to chance or rely on generic forms that may not address your specific situation.

The Law Offices of Judy L. Burger provides comprehensive legal services for litigated divorces and uncontested divorces throughout California. As a Certified Family Law Specialist, Judy brings decades of family law practice to every case, ensuring that even straightforward divorces are handled with the attention to detail and strategic thinking they deserve.

Contact The Law Offices of Judy L. Burger today to schedule a consultation. We’ll review your situation, explain your options, and help you navigate the uncontested divorce process efficiently while protecting your interests. With offices serving clients across California, we’re ready to provide the skilled representation you need during this important transition. Call now to get started.