What Should I Understand About California Divorce Laws?
California Divorce

What Should I Understand About California Divorce Laws?

If you are considering a California divorce, it’s essential to understand the key laws and processes that will shape your financial future, your relationship with your children, and your legal rights. California divorce law is complex, but knowing the basics can help you make informed decisions and avoid common pitfalls.

What Makes California Divorce Unique?

California divorce laws are distinct because the state is a “no-fault” and “community property” jurisdiction. This means that neither spouse needs to prove wrongdoing to end the marriage, and most property acquired during the marriage is considered jointly owned and subject to equal division. Understanding these core concepts is crucial as you prepare for a divorce in California.

What Are the Grounds for Divorce in California?

California is a “no-fault” divorce state [CA Fam Code § 2310 (2025)]. You do not need to prove that your spouse did anything wrong. The most common ground cited is “irreconcilable differences.” This approach helps reduce conflict and focuses on resolving issues rather than assigning blame.

What Is Community Property and How Does It Affect Asset Division?

In a California divorce, the community property principle applies. This means that, with few exceptions, all assets and debts acquired during the marriage are considered jointly owned and must be divided equally upon divorce. Some assets, such as those acquired before marriage, by gift, or inheritance, may be classified as separate property and are typically not divided.

Here’s a simple example: If you and your spouse bought a home during the marriage, both parties generally have an equal claim to the property—even if only one name appears on the deed. Similarly, any debts accrued during the marriage are shared equally, regardless of which spouse incurred them.

How Is Child Custody Determined in a California Divorce?

Child custody is often the most sensitive issue in a California divorce. The court’s primary consideration is the best interest of the child. There are two main types of custody: legal (decision-making authority) and physical (where the child lives). Custody may be joint (shared by both parents) or sole (awarded to one parent), depending on the circumstances.

The court considers several factors, including the child’s age, health, emotional ties to each parent, and each parent’s ability to care for the child. In some cases, the court may also consider the child’s wishes, especially if the child is mature enough to express a preference.

How Is Child and Spousal Support Handled?

California courts use specific guidelines to determine both child and spousal support. For child support, the court considers each parent’s income, the amount of time each parent spends with the child, and other relevant expenses. Spousal support, also known as alimony, is awarded based on factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s earning capacity.

What Is the Divorce Process in California?

The California divorce process follows these basic steps:

  1. Filing the Petition: One spouse (the petitioner) files for divorce and serves the other spouse (the respondent) with legal papers.
  2. Response: The respondent has 30 days to file a response.
  3. Disclosure: Both parties exchange financial information.
  4. Negotiation: Spouses negotiate issues like property division, support, and custody. If they cannot reach an agreement, the court will decide.
  5. Judgment: The court issues a final judgment, making the divorce official.

California has a mandatory six-month waiting period before a divorce can be finalized, even if both parties agree on all terms.

Are There Residency Requirements for a California Divorce?

Yes. To file for divorce in California, at least one spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least three months [CA Fam Code § 2320 (2025)]. This requirement helps ensure that California courts have jurisdiction over your case.

How Can Legal Representation Help?

Divorce is not just an emotional process—it is a legal one with long-lasting consequences. An experienced California divorce attorney can:

  • Ensure all paperwork is completed correctly and on time
  • Protect your rights and financial interests
  • Advocate for a fair division of assets and debts
  • Develop parenting plans that serve your children’s best interests
  • Represent you in negotiations and, if necessary, in court

For especially complex cases—such as those involving business ownership, substantial assets, or contested custody—working with a California Certified Family Law Specialist can make a significant difference. Specialists undergo rigorous additional training and testing to earn this credential, demonstrating deep expertise in California family law.

Examples of Common Divorce Scenarios in California

  • A couple married for 15 years with children, a family home, and retirement accounts will need to address property division, custody, and support. California law requires a careful, equitable approach, and a skilled attorney can help ensure both parties’ interests are represented.
  • A spouse who has been out of the workforce for many years may be eligible for spousal support, which is determined by a range of statutory factors. Legal counsel can help present a strong case to the court.
  • In high-conflict custody disputes, the court may appoint a child custody evaluator or mediator. Having an advocate who understands the process is invaluable.

Why Choose The Law Offices of Judy L. Burger for Your California Divorce?

Led by Judy L. Burger—a certified family law specialist with decades of experience—our firm provides comprehensive representation in all aspects of California divorce. We handle everything from asset division and custody disputes to support negotiations and post-judgment modifications. Our team is dedicated to protecting our clients’ rights, offering compassionate guidance, and delivering results based on a thorough understanding of California family law.

We pride ourselves on clear communication, meticulous attention to detail, and unwavering advocacy in and out of court. Whether your divorce is straightforward or highly complex, you can trust our expertise to guide you through every step.

Frequently Asked Questions

Q: How long does it take to get a divorce in California?
A: The minimum waiting period is six months from the date the respondent is served with divorce papers, but complex cases may take longer.

Q: Do I have to go to court for a California divorce?
A: Not always. Many divorces are settled through negotiation or mediation. However, some issues may require a court hearing if agreement cannot be reached.

Q: Is everything divided equally in a California divorce?
A: Community property is typically divided equally, but there are exceptions for separate property such as inheritances or assets owned before marriage.

Q: Can I get spousal support?
A: Possibly. The court considers multiple factors, including the length of the marriage and each spouse’s financial situation.

Q: What if my spouse doesn’t want a divorce?
A: California does not require both spouses to agree. If one spouse wants a divorce, it will be granted.

Get Trusted Guidance for Your California Divorce

Navigating a California divorce can be challenging, but you don’t have to do it alone. The Law Offices of Judy L. Burger combines deep legal knowledge and specialization to protect your interests at every stage.

Contact us today to schedule a confidential consultation and take the first step toward a secure future.

 

Dealing with Ongoing Financial Obligations During a Divorce
California Divorce, Debt, Mediation, Property Division

Ongoing Financial Obligations During a Divorce

Divorce is rarely simple, and one of the most challenging aspects is managing ongoing financial obligations while your case works its way through the legal system. In California, divorce proceedings can take months or even years to finalize, and during that time, bills don’t stop coming. Mortgages, car payments, credit cards, and children’s expenses continue to demand attention, often creating stress and conflict between separating spouses.

Common Ongoing Financial Obligations

Understanding how to handle these shared financial responsibilities during divorce is crucial for protecting your credit, maintaining stability for your children, and positioning yourself for a fair settlement. At The Law Offices of Judy L. Burger, we help clients navigate these complex financial waters with clarity and strategic planning.

Mortgage and Housing Costs

For most couples, the family home represents their largest shared financial obligation. During a divorce, questions arise about who should pay the mortgage, property taxes, homeowners’ insurance, and maintenance costs. If one spouse moves out, should they still contribute? What happens if the remaining spouse can’t afford the full payment alone? These questions become even more complicated when home equity is a significant marital asset that will eventually be divided.

Credit Card Debt

Credit cards opened during marriage are typically considered community debt in California, regardless of whose name appears on the account. During divorce proceedings, new charges may accumulate, and existing balances may continue to accrue interest. Disputes often arise about who should pay for which cards, especially when one spouse believes the other is spending irresponsibly.

Auto Loans and Leases

Vehicle payments present unique challenges when spouses separate. The person driving the car isn’t always the person whose name is on the loan. If you’re making payments on a vehicle your spouse is using, or vice versa, this creates an ongoing source of financial tension and potential leverage in negotiations.

Children’s Expenses

Even before formal child support orders are established, children need food, clothing, medical care, childcare, and educational expenses. Parents must figure out how to share these costs fairly while living separately, often with reduced household incomes due to the expenses of maintaining two homes.

Utilities and Services

Phone plans, internet, streaming services, insurance policies, and utility bills often remain in one person’s name while both spouses are benefiting from them. Separating these accounts and determining who pays what during the divorce process requires careful coordination.

Spousal Support Obligations

In some cases, temporary spousal support may be ordered while the divorce is pending, creating a new financial obligation that must be met regardless of other financial pressures.

How Ongoing Financial Obligations Complicate Divorce

How can these expenses complicate matters if not handled properly?

Credit Score Impact

When financial obligations aren’t met during divorce, both spouses’ credit scores can suffer, even if only one person stopped making payments. A joint mortgage or credit card in both names means both parties are legally responsible, and missed payments appear on both credit reports.

Leverage and Power Imbalances

The spouse who controls the finances or earns more income may have significant leverage during divorce negotiations. They might threaten to stop paying certain obligations to pressure the other spouse into accepting unfavorable terms.

Documentation Challenges

Tracking who paid what during the separation period becomes critical for property division and reimbursement claims. Without clear records, disputes arise about whether certain payments should be credited against the final settlement.

Emotional Decision-Making

Financial stress during divorce often leads to poor decisions made out of anger, fear, or desperation. One spouse might max out credit cards, stop paying bills out of spite, or make large purchases to “get their share” before assets are divided.

Temporary Orders Delays

It can take weeks or months to get temporary orders in place addressing financial obligations. During this gap, couples must somehow figure out payment arrangements on their own, often without clear legal guidance.

Practical Advice for Managing Financial Obligations

Attorney Judy Burger has vast experience helping divorcing couples through these murky financial waters. Here are her top recommendations:

  1. Document Everything: Keep meticulous records of every payment you make, including screenshots, bank statements, and receipts. Note the date, amount, and purpose of each payment. This documentation protects you if disputes arise over who paid what during the divorce.
  2. Communicate in Writing: Discuss financial matters with your spouse via email or text message whenever possible. Written communication creates a clear record and reduces misunderstandings about payment agreements.
  3. Open Separate Accounts Immediately: If you haven’t already, open individual bank accounts and credit cards in your name only. Begin redirecting your income to your separate account. This prevents your spouse from accessing or depleting funds you’ll need for living expenses and legal fees.
  4. Request Temporary Orders Quickly: Don’t wait to seek temporary orders addressing financial obligations. These court orders can establish who pays what during the divorce process, providing structure and legal enforceability. Temporary support orders can also be established to help the lower-earning spouse meet basic needs.
  5. Continue Making Agreed-Upon Payments: Even if you’re angry with your spouse, continue making payments on joint obligations where possible. Defaulting on mortgages or loans hurts both of you and can complicate property division. Your attorney can seek reimbursement for payments you made on your spouse’s behalf.
  6. Prioritize Secured Debt: If you must choose which bills to pay, prioritize secured debts like mortgages and car loans. Defaulting on these can result in foreclosure or repossession, creating far more serious problems than late credit card payments.
  7. Consider Mediation for Financial Disputes: If you and your spouse can’t agree on how to handle ongoing obligations, mediation may help you reach temporary agreements without costly court battles.

How Judy Burger Can Help

As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping clients through the financial complexities of divorce. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters.

Judy can help you obtain temporary orders quickly to establish clear financial obligations during your divorce. She’ll work to protect your credit and financial interests while building a strong case for fair property division. Her team can help you gather and organize financial documentation, identify hidden assets or debts, and develop strategies for managing obligations during the divorce process.

Whether through negotiation, mediation, or litigation, Judy Burger provides skilled representation focused on achieving outcomes that protect your financial future.

Divorce and Finances FAQs

Am I responsible for debts my spouse incurs after we separate?

In California, debts incurred after the date of separation are generally considered separate debt, belonging only to the spouse who incurred them. However, establishing the exact separation date can be complex, and some exceptions apply. Proper legal guidance is essential.

Can I stop paying the mortgage if I move out of the family home?

This depends on several factors, including who is named on the mortgage and what temporary orders are in place. Stopping payment can damage your credit and affect property division. Consult with an attorney before making this decision.

What happens if my spouse empties our joint bank account?

California law requires full financial disclosure and prohibits dissipating marital assets. If your spouse empties accounts, you may be entitled to reimbursement. Document the withdrawal and contact an attorney immediately.

How quickly can I get temporary spousal support?

Temporary support orders can typically be obtained within a few weeks to a couple of months of filing a request with the court. The timeline depends on court scheduling and whether your spouse contests the request.

Should we file taxes jointly during our divorce?

This depends on your specific situation. Filing jointly may provide tax benefits, but it also creates joint liability. Your attorney and tax professional should review your circumstances before you decide.

Protect Your Financial Future Today

Navigating financial obligations during divorce requires strategic planning and knowledgeable legal guidance. Don’t face these challenges alone or make costly mistakes that could affect your financial security for years to come.

Contact The Law Offices of Judy L. Burger today to schedule a consultation. With offices throughout California, Judy Burger and her team are ready to help you protect your interests and achieve a fair resolution. Call now to discuss your situation and learn how we can help you move forward with confidence and financial stability.

Paying Bills After Filing the Divorce Petition
California Divorce, Debt

Paying Bills After Filing the Divorce Petition

Bill and Marcie decided to end their stormy 13-year marriage. After Bill filed the divorce petition, he and Marcie started negotiating the final divorce settlement. One of the first things they did was to divide their bills and household expenses. Bill became concerned when he started receiving late notices from utility companies and the mortgage company. Marcie was living in the house, so he felt she should be paying all the household-related bills. But Marcie felt like Bill had always paid the bills and, as primary breadwinner, should continue doing so. They took the issue to their respective attorneys.

Joint Debts, Separate Debts

As couples head toward a negotiated divorce settlement, decisions are made about marital property. Debt is also divided along community debt and separate debt lines. Those lines can be a bit vague until the settlement is final, but the bills still keep rolling in.

If possible, both spouses could cover the bills by:

  • Splitting the bills with each party paying approximately the same amount;
  • Total the bills and have each spouse pay half;
  • Temporarily separate the bills related to the home, if any, based on who is living at the home.

Each party should retain receipts of any bills they pay.

Spouse often keep joint credit cards. Typically, the balance due at date of separation may be considered to be marital debt owed by both parties. Sometimes people cancel joint credit card accounts so that one spouse does not run up a bill while the divorce is pending. However, if one spouse does use the card inappropriately, the other can ask for reimbursement.

Decisions about community debt and separate debt may be made on a case-by-case basis. For example, if Bill uses the joint credit card to pay expenses for the home that Marcie is still living in, it may be considered joint debt instead of Bill’s separate debt.

Sometimes one spouse is unable or unwilling to pay their fair share of the bills. In that case, the other spouse may pay the bills and request reimbursement. This may include situations where one spouse is living in the marital home while the other spouse pays the house-related expenses.

When Homes Are Involved

Mortgage companies, financial institutions, and landlords still expect to get paid. That’s reasonable. A party that is unable to pay a fair share of the expenses may ask the court to order the other spouse to temporarily pay them. For example, Marcie may ask a judge to order Bill to continue paying expenses although he is no longer in the home.

In situations where the couple leased or rented a home, things can become more complicated. Did both spouses sign the lease or only one? Did one spouse sign the lease, but now the other spouse is living in the leased property? The party or parties that signed the lease are still responsible for paying the lease. It’s best to discuss these situations with your attorney.

If Your Divorce Is Pending …

Protect yourself. Gather your bills and address their payment before late notices pile up.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Oakland, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.