New Spouses and Child Support Agreements
Child Support

New Spouses and Child Support Agreements

Remarriage is a new chapter in life—a time for hope, blended families, and new beginnings. However, for parents with existing child support agreements, tying the knot again raises important questions about how a new spouse might affect child support obligations. In California, the law sets clear rules on this issue, but the nuances can be confusing for both paying and receiving parents.

How Does Remarriage Affect Child Support in California?

California family law recognizes the importance of supporting children after a divorce or separation. Child support is calculated based on the income of the child’s biological or legal parents, the amount of time each parent spends with the child, and other relevant factors.

But what happens when one or both parents remarry?

The General Rule: New Spouse’s Income Is Not Included

In most cases, a new spouse’s income is not directly factored into child support calculations. California Family Code Section 4057.5 specifically states that only the income of the child’s parents is considered when determining support. This is true whether you are the paying parent (obligor) or the receiving parent (obligee).

Exceptions: When New Spouse’s Income Might Matter

While the general rule is clear, there are some exceptions:

  • Extreme Hardship or Unusual Circumstances: If a parent claims they cannot pay support due to hardship (such as a job loss or medical emergency), the court may look at the household’s overall financial situation, including the new spouse’s income, to assess the claim’s validity.
  • Attempts to Hide Income: If a parent is intentionally underemployed or hiding income and relying on a new spouse’s financial resources, the court may “impute” income to that parent and consider the new spouse’s support indirectly.
  • Modification Requests: If either parent seeks to modify an existing child support order, remarriage alone is not grounds for a change. However, a significant change in income or household circumstances—sometimes resulting from a new marriage—may justify a review.

New Children and Blended Families

Having additional children with a new spouse may also affect support. California courts can consider the needs of subsequent children if a parent seeks a modification, but the interests of children from the prior relationship remain the priority.

Recommendations for Parents Considering Remarriage

Here are some key recommendations to consider before getting married again:

  1. Review Your Child Support Order: Understand your current obligations and rights before remarrying. If your financial situation changes, consider whether a modification is appropriate.
  2. Be Transparent About Financial Changes: If your income changes after remarriage, document everything. Transparency helps avoid disputes or allegations of hiding assets.
  3. Communicate with Your Co-Parent: Changes in household composition (like a new spouse or stepchildren) can impact day-to-day life. Open communication may ease transitions for your children and co-parent.
  4. Don’t Rely on Your New Spouse’s Income: Legally, the responsibility for child support remains with the biological or legal parents. Your new spouse is not required to pay support for children from your prior relationship.
  5. Consult a Family Law Specialist: Laws and court practices can be complex. An experienced attorney can help you understand your rights, avoid pitfalls, and modify orders when necessary.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This esteemed credential means she has demonstrated extensive experience, passed a challenging exam, and is highly regarded by judges and peers for her expertise in family law.

Clients benefit from:

  • Expert guidance on complex child support and remarriage issues
  • Up-to-date knowledge of California family law
  • Personalized strategies tailored to your unique family situation
  • Professional, ethical, and dedicated representation

5 Remarriage & Child Support FAQs

1. Will my new spouse’s income increase my child support payments?
No. California law generally excludes a new spouse’s income from child support calculations, with rare exceptions for extreme hardship or bad faith.

2. Can my child support order be changed just because I remarried?
No. Remarriage alone does not justify a modification. A substantial change in income or circumstances is required.

3. Do I still have to pay child support if my ex remarries?
Yes. Your obligation to support your child is independent of your former spouse’s marital status.

4. Can my new spouse be held responsible for my child support debts?
No. Only the child’s legal parents are responsible for support. Your new spouse is not liable for past or future support payments.

5. What if I have more children with my new spouse?
The court may consider your obligation to support new children if you seek a modification, but your responsibility to your existing children comes first.

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

Navigating child support and remarriage can be challenging, but you don’t have to go it alone. The Law Offices of Judy L. Burger offer skilled guidance and advocacy to protect your interests and your children’s well-being. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to help you resolve complex family matters with clarity and confidence.

Schedule a confidential consultation today to discuss your situation and secure your family’s future.

Gray Divorce and Spousal Healthcare Concerns
California Divorce, Property Division

Gray Divorce and Spousal Healthcare Concerns

As the baby boomer generation ages, a growing number of couples are deciding to end their marriages later in life—a phenomenon known as “gray divorce.” In California, gray divorce presents unique legal, financial, and emotional challenges, especially when it comes to healthcare needs and coverage. For couples who have spent decades together, navigating this transition requires careful planning and expert legal guidance.

What is Gray Divorce?

Gray divorce refers to the dissolution of marriage between spouses aged 50 and older. According to national studies, the divorce rate among this demographic has doubled in the past 30 years. In California, gray divorce is increasingly common due to longer life expectancies, evolving personal goals, and changing societal norms.

Common reasons for gray divorce include:

  • Growing apart after children leave home
  • Differing retirement or lifestyle plans
  • Financial disagreements
  • Desire for independence or personal fulfillment

While divorce at any age is complex, gray divorce adds considerations such as retirement income, asset division, and, critically, healthcare.

Healthcare Concerns in Gray Divorce

Divorce later in life can cause significant healthcare concerns for both spouses. Here’s how:

1. Loss of Health Insurance Coverage

Many married individuals rely on their spouse’s employer-sponsored health insurance. After a divorce, a spouse may lose access to this coverage, potentially facing high premiums or gaps in care until they can secure new insurance.

2. Pre-existing Conditions and Age

Older adults often have pre-existing health conditions or higher healthcare needs. Finding affordable coverage can be more difficult, and Medicare eligibility may not begin until age 65—leaving a coverage gap for some.

3. Increased Medical Costs

Single individuals may face higher out-of-pocket medical expenses. Chronic conditions, prescription costs, and the need for long-term care can strain finances, especially if one spouse was previously the primary earner.

4. Long-Term Care Planning

Gray divorce can disrupt plans for long-term care, such as assisted living or nursing home arrangements. Without a spouse’s support, individuals may need to explore alternative care options or rely more heavily on adult children or paid caregivers.

Recommendations for Gray Divorcees Facing Healthcare Concerns

1. Review All Insurance Options Early

  • Explore COBRA coverage, which allows temporary continuation of employer-sponsored plans for up to 36 months after divorce (though usually at a higher cost).
  • Investigate Covered California and private insurance marketplaces for alternatives.
  • Consider whether you qualify for Medicare or Medi-Cal.

2. Plan for Out-of-Pocket Costs

  • Budget for increased medical and prescription expenses in your post-divorce financial plan.
  • If negotiating spousal support, factor in healthcare needs and likely costs.

3. Address Long-Term Care Needs

  • Consider long-term care insurance or other arrangements in your divorce settlement.
  • Discuss powers of attorney and advance healthcare directives with your attorney.

4. Update Legal and Financial Documents

  • Revise your will, trusts, and beneficiary designations as soon as possible after your divorce is finalized.

5. Work With a Family Law Specialist

  • An experienced attorney can ensure healthcare considerations are addressed in your settlement and that your interests are protected.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This prestigious designation means she has demonstrated substantial experience, passed a challenging exam, and is recognized by judges and peers for her expertise in family law.

For clients, this means:

  • Expert guidance on complex financial and healthcare issues during gray divorce
  • Personalized strategies to protect your interests and well-being
  • Up-to-date knowledge of California law and how it applies to your unique situation
  • Dedicated, ethical representation from start to finish

5 Frequently Asked Questions About Gray Divorce

1. Will I lose my health insurance if I get divorced after 50?
You may lose coverage under your spouse’s plan after divorce. Options include COBRA, purchasing private insurance, or enrolling in Covered California. Plan ahead to avoid gaps.

2. How is spousal support determined in a gray divorce?
California courts consider age, health, earning capacity, and length of marriage. Healthcare needs can be a significant factor in support awards.

3. What happens to retirement assets in a gray divorce?
Retirement accounts and pensions accumulated during the marriage are typically divided as community property in California.

4. Can healthcare costs be included in a divorce settlement?
Yes. Settlements can account for ongoing or anticipated medical expenses, including the cost of health insurance and long-term care.

5. What if I need long-term care and have no spouse after divorce?
Discuss long-term care planning with your attorney. Options include long-term care insurance, government programs, or arranging for family support.

Take the First Step with The Law Offices of Judy L. Burger

A gray divorce can feel overwhelming, especially amid healthcare and financial uncertainties. The Law Offices of Judy L. Burger will help you navigate these challenges with confidence and compassion. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to address the complexities of gray divorce in California.

Schedule a confidential consultation today to protect your health, your future, and your peace of mind.

Spring & Summer Shared Custody Tips
Child Custody, Visitation

Spring & Summer Shared Custody Tips

California’s beautiful spring and summer months bring longer days, school vacations, and an abundance of family activities — but for parents sharing custody, they can also bring unique challenges. Want some shared custody tips? Whether you’re planning a long-awaited vacation, coordinating summer sports, or navigating special events like family reunions, proactive communication and clear agreements are key to ensuring both parents and children enjoy a memorable and conflict-free season.

At The Law Offices of Judy L. Burger, we understand the complexities of shared custody. As a Certified California Family Law Specialist, Judy L. Burger offers reliable guidance to help families navigate these months with confidence.

1. Plan Ahead for Vacations and Travel

California courts encourage parents to work together when making vacation plans. For shared custody families, it’s crucial to:

  • Review Your Custody Agreement: Most custody orders include provisions for holiday and vacation schedules. Clarify how vacation time is divided and the notice required for travel.
  • Communicate Early: Give the other parent as much notice as possible about your intended travel dates, destinations, and contact information. This minimizes misunderstandings and helps avoid scheduling conflicts.
  • Document Agreements: Always put changes or additions to the schedule in writing — whether by email or a co-parenting app. This helps prevent disputes and provides a clear record.

2. Coordinate Summer Sports and Camps

Spring and summer often mean soccer leagues, swim lessons, and day camps. Consider these tips:

  • Discuss Enrollments in Advance: Each parent should have input on which activities the child participates in, especially if they occur during both parents’ custodial time.
  • Share Costs and Commitments: Decide how fees, equipment, and transportation will be handled. Open dialogue can help split responsibilities fairly.
  • Update the Calendar: Use a shared digital calendar to keep track of practices, games, and pick-up/drop-off arrangements. This reduces last-minute confusion.

3. Navigate Holidays and Special Events

Holidays like Memorial Day, the Fourth of July, or special family gatherings add another layer of complexity:

  • Revisit the Holiday Schedule: Custody orders often alternate or split holidays. Review your agreement and clarify details well in advance.
  • Be Flexible: Sometimes, family events arise that don’t fit neatly into the schedule. If possible, accommodate reasonable swap requests — and expect the same in return.
  • Prioritize the Child’s Best Interests: When disagreements arise, focus on what will make the holiday most enjoyable for your child, rather than sticking rigidly to the plan.

4. Handle School Breaks and Transitions Smoothly

Spring breaks and the transition into summer vacation can disrupt routines:

  • Clarify Break Schedules: Ensure both parents understand when school lets out and resumes. Coordinate to cover any gaps in childcare.
  • Prepare for Back-to-School: Plan together for summer reading, school supplies, and any summer assignments. This helps your child start the new year with confidence.

5. Prepare for Special Occasions and Family Reunions

Weddings, graduations, and reunions are often planned during spring and summer:

  • Share Invitations Promptly: Let the other parent know about upcoming events as soon as possible, especially if they require travel or schedule changes.
  • Work Together on Logistics: If your child will miss regular custody time for a special event, discuss how to make up the time. Cooperation ensures your child feels supported by both parents.

6. Keep the Child’s Needs Front and Center

No matter the season, your child’s best interests should guide every decision. Encourage open communication, foster positive relationships with extended family, and strive to create happy memories for your child during these special months.

Frequently Asked Questions About Shared Custody in California

Can I take my child on vacation out of state or out of the country?
Check your custody order first. Many require written consent from the other parent or a court order for out-of-state or international travel. Always provide detailed travel information and obtain necessary permissions in advance.

What if we can’t agree on a summer schedule?
Try mediation or consult your family law attorney for guidance. Courts expect parents to work together, but if a consensus can’t be reached, a judge may decide based on the child’s best interests.

How are summer sports and camp costs handled?
Unless specified in your custody order or support agreement, parents must negotiate how to share these costs. It’s best to agree in writing to avoid future disputes.

What happens if one parent doesn’t follow the agreed-upon summer schedule?
Document any violations and attempt to resolve the issue amicably. If problems persist, consult your attorney or seek court intervention. Consistency is important for your child.

Can we modify our custody order for summer or special events?
Yes. Parents can agree to temporary changes, but significant or recurring modifications should be formalized through a court order to ensure enforceability.

Why Choose The Law Offices of Judy L. Burger?

Attorney Judy L. Burger is a Certified Family Law Specialist with decades of experience helping California families with complex custody matters. Her deep understanding of California law, compassionate approach, and strong advocacy ensure your rights — and your child’s best interests — are protected. If you need help navigating spring or summer custody schedules, modifying your plan, or resolving disputes, The Law Offices of Judy L. Burger can help you achieve solutions that work for your family.

Contact The Law Offices of Judy L. Burger today to schedule a confidential consultation. Let us help you create a shared custody plan that works for every season — and every member of your family.

Should I Still Consult an Attorney with the New Divorce Option Under California’s New Joint Petition for Dissolution (SB 1427)?
California Divorce

Should I Still Consult an Attorney with the New Divorce Option Under California’s New Joint Petition for Dissolution (SB 1427)?

California has long been at the forefront of family law reform, and Senate Bill 1427 (SB 1427), A Joint Petition for Dissolution, is the latest example. This new law expands the state’s simplified divorce process, making it more accessible—especially for couples with children. But even as the process becomes more streamlined, the need for experienced legal guidance remains crucial. Here’s what you need to know—and why consulting an attorney like Judy L. Burger, a Certified Family Law Specialist, is still your smartest move.

Understanding SB 1427: The New Joint Petition for Dissolution

Previously, California’s summary dissolution was only available to couples with no children, limited assets, and short marriages. SB 1427, A Joint Petition for Dissolution, changes that by allowing more couples—including those with children—to file a joint petition for dissolution, provided they can agree on all terms of their separation.

Under this new law, both parties must be in full agreement regarding key issues. The petition must include detailed information such as:

  • The number of children born during the marriage, their ages, and dates of birth
  • Legal grounds for dissolution or separation
  • The date of separation
  • Agreements on child custody and visitation
  • Child support arrangements
  • Spousal support (if any)
  • Division of separate, community, and quasi-community property
  • Restoration of former names (if desired)
  • Allocation of attorney’s fees and costs

For more information, you can review this comprehensive article from the LA Times.

Why You Still Need an Attorney—Even with a Simplified Process

While the new process is designed to save time and money, the legal complexities of divorce remain. Here’s why consulting with an experienced family law attorney is still essential:

  1. Comprehensive Legal Protection: Even amicable divorces can have hidden pitfalls. Without proper legal guidance, you might overlook critical rights or responsibilities that could affect your future.
  2. Ensuring Fair Agreements: The law requires you and your spouse to agree on all terms, including property division, support, and custody. An attorney helps you understand what you’re entitled to and ensures your agreements are truly equitable and enforceable.
  3. Avoiding Mistakes and Delays: Inaccurate or incomplete paperwork can lead to costly delays or even rejection of your joint petition. Lawyers are skilled at navigating the legal forms and requirements.
  4. Addressing Complex Issues: Every family is unique. Issues like business ownership, retirement accounts, or special needs children add layers of complexity. Legal counsel ensures these matters are handled properly.
  5. Future-Proofing Your Divorce: Agreements made today can impact you for years to come—especially regarding custody, support, and property. A lawyer can help you anticipate future challenges and draft solutions that last.

Meet Judy L. Burger: Certified California Family Law Specialist

Judy L. Burger is not just any attorney—she is a Certified Family Law Specialist, a distinction earned by only a select few attorneys in California. With decades of experience representing clients in all aspects of family law, Judy brings:

  • Deep knowledge of California divorce law, including the nuances of SB 1427
  • Extensive courtroom and negotiation experience
  • A reputation for protecting her clients’ interests with compassion and tenacity

Having a certified specialist on your side ensures you receive the highest standard of legal representation, whether your divorce is amicable or contentious.

Frequently Asked Questions: California Divorce and SB 1427

1. Do I qualify for the new joint petition for dissolution under SB 1427?
To qualify, both spouses must be in complete agreement on all divorce terms, including child custody and financial matters. There may still be eligibility restrictions based on asset complexity or other factors. Consulting an attorney can help determine if you qualify and if this is the best option for you.

2. What happens if my spouse and I disagree on any issue?
If you cannot agree on any aspect of your divorce (such as custody or property division), you will not be eligible for the new joint petition process. Instead, you’ll need to pursue a traditional dissolution, where legal representation becomes even more critical.

3. Do we still need to go to court?
The new law is designed to reduce or eliminate court appearances for qualifying couples, but some cases may still require judicial review—especially if the agreements involve complex or unusual terms. An attorney can clarify your obligations and help you avoid unnecessary court trips.

4. Can we use one attorney for both spouses?
No. While you can work together and file jointly, each spouse has unique interests and rights. It is highly recommended that each party consult their own attorney to ensure their interests are fully protected.

5. How do child custody and support work under SB 1427?
Both parents must agree on custody and support arrangements, and these must comply with California law. The court will review these agreements to ensure they are in the best interest of the children. An attorney will ensure your agreement complies with legal standards and protects your parental rights.

The Bottom Line: Don’t Go It Alone—Consult a Specialist

SB 1427 is a positive step toward making divorce less stressful and more accessible for California families. However, the law still requires parties to address complex and deeply personal issues. The guidance of a knowledgeable attorney is invaluable in ensuring your rights are protected and your future is secure.

If you’re considering divorce, especially under the new joint petition process, don’t take chances with your future. Trust your case to The Law Offices of Judy L. Burger—where your peace of mind comes first.

Contact The Law Offices of Judy L. Burger Today

Ready to discuss your options or have questions about SB 1427? Reach out to Judy L. Burger’s team for a confidential consultation. With offices across California and a track record of exceptional results, you’ll have the expertise you need to move forward with confidence.

Learn more or schedule a consultation at judyburger.com or call today. Your next chapter starts here—with the right legal partner by your side.

Separating Digital Assets in a Divorce
California Divorce, Property Division, Property Division

Separating Digital Assets in a Divorce

In today’s increasingly digital world, divorce no longer means only dividing physical property, bank accounts, and real estate. Digital assets—ranging from cryptocurrency to online businesses and even social media accounts—are now a significant consideration in California divorce proceedings. At The Law Offices of Judy L. Burger, we understand the complexities these assets bring and are committed to helping clients achieve fair and thorough results during property division.

What Are Digital Assets?

Digital assets are any items of value stored digitally rather than physically. As technology evolves, the definition of digital assets continues to expand. Common examples of digital assets include:

  • Cryptocurrency (such as Bitcoin, Ethereum, Litecoin)
  • Online bank and investment accounts
  • Online businesses and e-commerce stores
  • Digital payment accounts (like PayPal, Venmo)
  • Intellectual property (domain names, trademarks, copyrights)
  • Social media accounts and websites
  • Digital media (photos, videos, music libraries)
  • Cloud storage accounts

These assets can have substantial financial and sentimental value, making their identification and division critical in any divorce settlement.

How Are Digital Assets Shared or Split in a Divorce?

California is a community property state. This means that, in general, any asset acquired by either spouse during the marriage is considered community property and subject to equal division. This rule applies to digital assets just as it does to traditional property.

However, the process of separating digital assets can be more complex than dividing tangible items. Challenges include:

  • Identifying all digital assets: Some assets may be overlooked, intentionally hidden, or difficult to trace.
  • Valuing digital assets: The value of cryptocurrencies and online businesses can fluctuate or be difficult to assess.
  • Dividing access and ownership: Some digital assets, such as intellectual property or social media accounts, may not be easily split in half.

In many cases, digital assets will need to be appraised by financial experts, and their division may require creative or technical solutions.

Recommendations for Separating Digital Assets

  1. Inventory All Digital Assets
    Begin by making a comprehensive list of all digital accounts and assets—whether personal or business-related. This includes everything from online brokerage accounts to loyalty points.
  2. Gather Documentation and Access Information
    Collect account numbers, login credentials, and any documentation proving ownership or value. This will be crucial for both legal proceedings and the practical division of assets.
  3. Determine Which Assets Are Community vs. Separate Property
    Assets acquired before marriage or by gift/inheritance are typically separate property, but documentation is key. A skilled attorney can help clarify what qualifies as community or separate property.
  4. Work with Qualified Professionals
    Division of digital assets often requires financial advisors, forensic accountants, and sometimes IT specialists. The Law Offices of Judy L. Burger partners with trusted professionals to ensure no asset is overlooked or undervalued.
  5. Negotiate or Litigate the Division
    Sometimes, spouses agree to a straightforward equal division. In other cases, one party might keep a particular asset in exchange for giving up another. When negotiation fails, the court may step in to make the final determination.

Why Clients Trust the Law Offices of Judy L. Burger

Attorney Judy L. Burger is a Certified California Family Law Specialist—a distinction held by only a select group of attorneys who demonstrate exceptional knowledge of family law. With decades of experience handling complex property division cases, including those involving digital assets, Judy Burger is known for her attention to detail and tenacious advocacy.

Our firm collaborates with a network of professionals—financial analysts, forensic accountants, appraisers, and IT experts—ensuring your digital property is accurately valued and fairly divided. We understand both the technical and legal nuances of digital assets and are committed to protecting your interests.

Digital Asset FAQs

1. What if my spouse is hiding digital assets?

Digital assets can sometimes be concealed more easily than physical property. We work with forensic accountants and use legal discovery tools to uncover hidden accounts or transactions.

2. How is cryptocurrency handled in a divorce?

Cryptocurrency is treated like any other property, but its valuation can be complicated due to price volatility. Accurate disclosure and professional valuation are essential.

3. Are social media accounts considered marital property?

If a social media account generates income or was created for business during the marriage, it may be considered community property. Otherwise, personal accounts may remain separate, but content and intellectual property rights should be reviewed.

4. Can digital assets be divided without court intervention?

Yes, spouses can agree on how to divide digital assets through negotiation or mediation. However, for complex or high-value assets, legal guidance is crucial to ensure a fair settlement.

5. What happens to digital photos, videos, and sentimental files?

These digital keepsakes often have little monetary value but great emotional significance. Couples may agree to duplicate files or arrange access, but it’s best to specify terms in the settlement agreement.

Protect Your Digital Future—Contact The Law Offices of Judy L. Burger

Dividing digital assets in a California divorce requires technical know-how, legal experience, and a strategic approach. With Attorney Judy L. Burger and her team on your side, you can be confident that your digital interests will be thoroughly protected. If you are considering divorce or have concerns about separating digital property, contact The Law Offices of Judy L. Burger today for a confidential consultation.

Can Moving Out Before My Divorce Hurt Me?
California Divorce, Domestic Violence, Property Division, Restraining Order

Can Moving Out Before My Divorce Hurt Me?

Divorce often comes with high emotions and difficult living situations, especially when sharing a home with your spouse. Many clients ask, “Is it okay to move out before my divorce is final?” According to Certified California Family Law Specialist Judy Burger, the answer is yes—you can, and in many cases, you should. Moving out does not prejudice the outcome of your divorce.

How Moving Out Can Affect Your Divorce

At The Law Offices of Judy L. Burger, we regularly advise clients—particularly in high-conflict divorces—to move out of the family home. Whether you are worried about your safety or the possibility of being falsely accused of domestic violence, taking this step is often necessary and will not negatively impact your case.

Why Moving Out Can Be the Right Choice

In high-conflict situations, remaining in the same home can escalate tensions or even lead to dangerous circumstances. Judy Burger often counsels her clients to move out, especially if there is any risk of domestic violence or false accusations. This proactive step helps ensure your safety and peace of mind during the divorce process. Courts in California still prioritize the best interests of the child, and moving out will not count against you.

  • Protect yourself from conflict: By moving out, you remove yourself from volatile situations. This helps prevent escalation and protects both parties from unnecessary conflict.
  • Maintain your integrity: Leaving the home, especially when false allegations are a concern, helps you maintain your integrity and document your intentions to the court.
  • Court-ordered custody and visitation: Courts understand that moving out is sometimes necessary. Your rights to custody and visitation will be protected through the legal process. It’s important to work with your attorney to document your involvement and secure a temporary arrangement while the divorce is pending.

Financial and Property Considerations

California is a community property state, which means anything acquired during the marriage is typically divided equally. Moving out does not affect your legal claim to your property or your share of the home. However, it’s important to consider the following:

  • Be aware of ongoing obligations: Even after moving out, you may still be responsible for some household expenses if your name is on the lease or mortgage. Discuss these details with your attorney to ensure you’re legally protected.
  • Secure important belongings: Take care to secure essential personal items and documents before you leave, as access to the home may be limited until the property division is finalized.
  • Stay informed about the property: Keep open communication with your attorney about the status of the home and any maintenance issues. Your legal rights remain intact regardless of your physical presence.

Moving Out is Often the Safest Choice

Based on years of experience handling high-conflict and complex cases, Judy Burger recommends moving out in the following situations:

  1. If you are in danger of domestic violence or abuse, prioritize your safety and that of your children. Move out immediately and, if needed, seek a protective order.
  2. If you fear being falsely accused of domestic violence, moving out can help prevent damaging accusations that could affect your case.
  3. Document your parenting involvement and communicate with your attorney about temporary custody and visitation arrangements. Courts recognize that moving out is sometimes essential and will not penalize you for putting safety first.
  4. Speak with a Certified California Family Law Specialist—like Judy L. Burger—about your situation. She will help you protect your rights and make the best decisions for your unique case.

Why Clients Trust Judy L. Burger

Attorney Judy L. Burger is a Certified California Family Law Specialist, known for handling high-conflict divorces and advocating fiercely for her clients’ safety and interests. With extensive experience, she helps clients navigate every step of the process—including the decision to move out—so they can move forward with confidence.

Moving Out Before Divorce: 5 Key FAQs

1. Will moving out mean I lose my share of the family home?

No. Under California law, leaving the marital home does not forfeit your legal claim to community property. Your rights to your share remain protected regardless of where you live during the divorce.

2. If I leave the home, can I still see my children?

Absolutely. Moving out does not mean you lose your parental rights. With proper legal guidance and documentation, you can secure temporary custody and visitation arrangements that protect your relationship with your children.

3. What if my spouse locks me out of the house after I move?

If you are legally married and the home is community property, your spouse cannot lock you out permanently. If you have concerns, speak with your attorney to ensure your access and rights are protected.

4. Can I force my spouse to move out instead?

Generally, both spouses have equal right to the marital home. In cases of domestic violence, the court may issue restraining orders or exclusive use orders. If you have safety concerns, discuss your options with your attorney.

5. What should I do before deciding to move out?

Consult with a Certified California Family Law Specialist like Judy Burger, document your parenting involvement, and secure temporary custody and visitation arrangements before moving out. Taking these steps ensures your rights are fully protected.

Protect Your Rights: Contact The Law Offices of Judy L. Burger

Deciding whether to move out before your divorce is a big decision, but you don’t have to face it alone. At The Law Offices of Judy L. Burger, we offer strategic, compassionate guidance—especially for those in high-conflict situations. If you are considering divorce or worried about your safety, contact us today to schedule a confidential consultation with Certified California Family Law Specialist Judy Burger.

The “Nesting” Trend in CA Child Custody Arrangements
California Divorce, Child Custody

The “Nesting” Trend in CA Child Custody Arrangements

Divorce and separation are already difficult enough for families, but when children are involved, making custody decisions becomes even more complex. In recent years, a new trend in California child custody arrangements—known as “nesting”—has emerged, aiming to minimize disruption for children during this transitional period.

The Law Offices of Judy L. Burger, led by Certified California Family Law Specialist Judy Burger, is here to help families explore innovative solutions like nesting while protecting their legal rights.

What Is “Nesting” in Child Custody?

Nesting, sometimes called “birdnesting,” is a child-centered custody arrangement in which the children remain in the family home. Instead of children shuttling back and forth between two residences, it is the parents who rotate in and out of the home according to a set schedule. This arrangement allows children to maintain a sense of stability and continuity, helping them adjust to their parents’ separation with less disruption to their daily lives, school routines, and friendships.

Recent News on the Nesting Trend

Nesting has gained increased attention in the media as more families, attorneys, and judges consider its benefits and challenges:

  • The New York Times discussed the growing popularity of nesting, highlighting personal stories and the practicalities involved (NYT, Feb. 2026).
  • The New York Post touts birdnesting as the only way to protect children (NYP, April, 2025).
  • Good Housekeeping says, “Kids experience a greater degree of consistency when they stay in one home, but it requires a lot of the co-parents” (Good Housekeeping, Jan. 2024).
  • Forbes says, “Nesting requires tremendous effort and careful planning to be successful” (Forbes, Nov. 2024).
  • NBC News explored how nesting can provide children with much-needed stability, but also noted the logistical and financial hurdles for parents (NBC News, May 2022).

These articles agree that while nesting is not for every family, it can be a valuable tool when both parents are committed to cooperation and putting their children’s needs first.

How Judy L. Burger Can Help with Nesting and Child Custody

Judy L. Burger is a Certified California Family Law Specialist, a distinction that demonstrates her expertise and dedication to family law. With decades of experience, her firm is equipped to guide clients through the complexities of custody arrangements, including innovative options like nesting. Judy can help you:

  • Evaluate whether nesting is the right fit for your family’s unique circumstances
  • Draft clear, enforceable nesting agreements and parenting plans
  • Address logistical concerns, such as cost-sharing, scheduling, and conflict resolution
  • Modify or terminate nesting arrangements if circumstances change
  • Represent your interests in mediation or court proceedings

Choosing a family law specialist like Judy L. Burger ensures you have a knowledgeable advocate who understands the nuances of California law and is committed to protecting your parental rights and your child’s best interests.

Advice on Nesting for California Families

If you’re considering nesting, keep these tips in mind:

  1. Communication is Key: Successful nesting requires open and respectful communication between parents. You will need to coordinate schedules and household responsibilities.
  2. Set Clear Boundaries: Establish rules for the use of the family home, including privacy, cleaning, and maintenance.
  3. Maintain Separate Residences: Parents typically need their own separate living spaces for the times they are not with the children in the family home.
  4. Plan for the Future: Nesting is often a temporary arrangement. Discuss how and when you will transition to a more traditional custody schedule.
  5. Consult a Family Law Specialist: Work with an experienced attorney to draft a detailed nesting agreement that protects everyone’s interests and anticipates potential challenges.

Child Custody FAQs

1. Is nesting legally recognized in California?

Yes, California courts recognize nesting as a valid custody arrangement if both parents agree and it serves the child’s best interests. However, it should be clearly outlined in a formal custody agreement.

2. How long does a typical nesting arrangement last?

Most nesting arrangements are temporary, lasting a few months to a couple of years, depending on the family’s needs and ability to maintain the setup.

3. What happens if parents can’t agree on nesting terms?

If parents cannot agree, the court may intervene and establish a different custody arrangement. Mediation can help resolve disagreements before resorting to litigation.

4. Can a nesting agreement be modified?

Yes, like other custody arrangements, nesting agreements can be modified if circumstances change. An experienced family law attorney can assist with modifications.

5. What are the main challenges of nesting?

Common challenges include the financial burden of maintaining multiple residences, potential for parental conflict, and logistical complications. Careful planning and clear agreements can help mitigate these issues.

A Strong Advocate for Your Family: The Law Offices of Judy L. Burger

Child custody decisions are among the most important you will ever make. Whether you are considering nesting or another arrangement, you deserve skilled legal guidance. The Law Offices of Judy L. Burger has helped countless California families navigate child custody matters with compassion and expertise. As a Certified Family Law Specialist, Judy L. Burger brings in-depth knowledge and a strategic approach to every case.

Ready to discuss your child custody options or need help modifying an existing arrangement? Contact The Law Offices of Judy L. Burger today to schedule a confidential consultation. Let us help you protect your children’s best interests and secure your peace of mind.

Legal Separation vs. Divorce in California
California Divorce, Legal Separation

Legal Separation vs. Divorce in California

When a marriage encounters irreconcilable differences, couples in California have more than one legal pathway to address their situation. While divorce is often the most recognized route, legal separation can also be a powerful option for those not ready or willing to end their marriage completely.

At The Law Offices of Judy L. Burger, we understand that every family is unique—and so are the solutions that work best for them.

What Is Legal Separation in California?

Legal separation is a formal process that allows married couples to live apart and resolve issues such as property division, child custody, and support—without ending the marriage itself. In California, legal separation involves filing a petition with the court, much like a divorce. However, you remain legally married, which means you cannot remarry unless you later obtain a divorce.

Key aspects of legal separation include:

  • Determining child custody and visitation arrangements.
  • Establishing child and spousal support.
  • Dividing assets and debts.
  • Allowing parties to live separate financial and personal lives.

Legal separation offers couples the opportunity to clarify rights and responsibilities without the finality of divorce. For some, this provides much-needed breathing room during a difficult time.

What Is Divorce in California?

Divorce, or the dissolution of marriage, is the legal process that terminates a marital relationship in the eyes of the law. Once a divorce is finalized in California, both spouses are free to remarry. Divorce settlements also address child custody, support, and division of assets and debts.

Like legal separation, divorce requires filing with the court, serving papers to the other spouse, and resolving the same family law issues. However, the legal status at the end of the process is fundamentally different: divorce ends the marriage, while legal separation does not.

Key Differences Between Legal Separation and Divorce

  1. Marital Status:
  2. Legal Separation: You remain married.
  3. Divorce: Your marriage is legally terminated.
  4. Ability to Remarry:
  5. Legal Separation: You cannot remarry unless you divorce.
  6. Divorce: You may remarry once the divorce is final.
  7. Residency Requirements:
  8. Legal Separation: No residency requirement to file in California.
  9. Divorce: At least one spouse must have lived in California for six months and in the county of filing for three months.
  10. Health Insurance and Benefits:
  11. Legal Separation: May allow continued eligibility for certain health or tax benefits.
  12. Divorce: Often terminates spousal eligibility for benefits.
  13. Religious or Personal Reasons:
  14. Legal Separation: Appeals to those with religious or moral objections to divorce or those not ready to dissolve the marriage.
  15. Divorce: Chosen by those ready for legal and personal closure.

When Would Someone Choose Legal Separation Over Divorce?

Legal separation is not simply an alternative to divorce—it serves distinct purposes. Some situations where legal separation may be the best choice include:

  • Religious or Moral Objections: Some individuals or faiths do not permit divorce, making legal separation an acceptable compromise.
  • Health Insurance Needs: If one spouse needs continued coverage under the other’s health plan, legal separation may preserve eligibility.
  • Financial Considerations: Couples may prefer separation to maintain certain tax benefits or social security eligibility that end with divorce.
  • Uncertainty About Divorce: Legal separation can be a stepping stone for couples uncertain about ending their marriage, allowing them to live apart with formalized arrangements while leaving the door open for reconciliation or later divorce.
  • Residency Issues: Those who do not yet meet California’s divorce residency requirements can file for legal separation and later amend their case to a divorce once eligible.

When Is Divorce the Right Option?

Divorce is appropriate for those who are certain they want to end their marriage, both legally and personally. It provides a clear path to closure, allowing both parties to move on independently. Divorce is also necessary for anyone wishing to remarry.

Experienced Guidance from Judy L. Burger, Certified Family Law Specialist

Navigating the legal, emotional, and practical complexities of a legal separation or divorce requires extensive experience and knowledge. Judy L. Burger is a Certified California Family Law Specialist—a distinction earned by only a select group of attorneys who have demonstrated in-depth expertise and commitment to the field. With decades of experience, Judy has guided countless families through both legal separation and divorce, ensuring their rights are protected and their futures are secure.

Whether you are considering legal separation, divorce, or are unsure which path is right for you, Judy and her team provide:

  • Compassionate, confidential consultations
  • Strategic advice tailored to your unique situation
  • Vigorous advocacy in negotiations and in court
  • Assistance with complex property, support, and custody issues

FAQs: Divorce and Legal Separation in California

1. Can we convert a legal separation to a divorce later?
Yes. If you start with a legal separation, you can later amend your petition to seek a divorce once you meet the residency requirements or are ready to dissolve the marriage.

2. Do we have to go to court for a legal separation?
While you file with the court, many legal separations can be resolved through settlement agreements. However, court involvement may be necessary if there are contested issues.

3. Is legal separation faster than divorce?
Legal separation is not necessarily faster. Both processes involve similar paperwork and legal steps. However, there is no mandatory six-month waiting period for legal separation, unlike for divorce.

4. Will legal separation protect me from my spouse’s debts?
Legal separation allows for the formal division of assets and debts, helping protect each party’s financial interests moving forward.

5. Can we reconcile after filing for legal separation or divorce?
Yes. If you and your spouse reconcile before the proceedings are finalized, you can dismiss the case. If the process has already concluded, you would need to remarry to regain legal marital status.

Contact The Law Offices of Judy L. Burger Today

Choosing between legal separation and divorce is a deeply personal decision with lasting consequences. You deserve guidance from someone who understands the law—and your unique needs. If you are considering your options, contact The Law Offices of Judy L. Burger for a confidential consultation. As a Certified California Family Law Specialist, Judy Burger will help you chart a path that protects your rights and supports your future.

Contact us today to schedule your consultation and gain the clarity you deserve.

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.