Deciding whether to end a marriage is one of the most difficult decisions you’ll ever face. There’s no single moment when divorce becomes the obvious answer, and the path to this realization looks different for everyone.
Recognizing the Signs It May Be Time
Certified California Family Law Specialist Judy Burger understands the emotional complexity of this decision and provides compassionate, strategic guidance when you’re considering divorce in California.
Communication Has Completely Broken Down
Healthy marriages involve disagreements, but also productive communication and conflict resolution. When you and your spouse can no longer have civil conversations, when every discussion escalates into an argument, or when you’ve stopped talking altogether, this signals serious relationship deterioration.
If you find yourself avoiding communication entirely, walking on eggshells to prevent conflict, or feeling unheard and dismissed whenever you try to express concerns, these patterns indicate a fundamental communication breakdown. When couples therapy and genuine efforts to improve communication have failed to create lasting change, divorce may be the healthiest option.
Trust Has Been Irreparably Damaged
Trust forms the foundation of marriage. Whether broken through infidelity, financial deception, hidden addictions, or repeated broken promises, shattered trust is extremely difficult to rebuild. While some couples successfully recover from betrayal through counseling and commitment, others find that trust, once broken, cannot be restored.
If you’ve tried to rebuild trust but find yourself constantly suspicious, checking up on your spouse, or unable to believe what they tell you, this ongoing distrust creates a toxic environment. Living in a state of perpetual doubt and anxiety isn’t sustainable and may indicate that the relationship cannot be salvaged.
You’re Staying Only for the Children
Many parents remain in unhappy marriages, believing it’s best for their children. However, research consistently shows that children suffer more from ongoing parental conflict than from divorce itself. If your primary reason for staying married is avoiding the impact on your children, consider whether they’re actually better off witnessing an unhappy, tense, or hostile relationship.
Children learn about relationships by watching their parents. Staying in a loveless or conflict-filled marriage may teach them that this is what relationships should look like. Sometimes divorce, handled thoughtfully with children’s needs prioritized, provides a healthier environment than an intact but dysfunctional household.
Emotional or Physical Abuse Is Present
Any form of abuse—physical violence, emotional manipulation, verbal attacks, financial control, or coercive behavior—is unacceptable and requires immediate action. Abuse typically escalates over time and rarely improves without intensive intervention that the abuser must genuinely commit to.
If you feel afraid of your spouse, if they control your access to money or friends, if they regularly demean or threaten you, or if any physical violence has occurred, your safety and your children’s safety must be the priority. In these situations, consulting with an experienced family law attorney about protective orders and safe exit strategies is crucial.
You’ve Grown Into Different People with Incompatible Goals
People change throughout life, and sometimes spouses grow in different directions. When your fundamental values, life goals, or visions for the future no longer align, and when compromise seems impossible, this incompatibility can make continuing the marriage untenable.
Perhaps one spouse wants children while the other doesn’t, or career ambitions require relocation that the other spouse refuses to consider. Maybe religious beliefs have changed, or lifestyle preferences have diverged dramatically. When core incompatibilities emerge, and neither spouse is willing or able to compromise, divorce may be the path forward.
You’ve Already Emotionally Divorced
Some marriages end long before the legal divorce papers are filed. If you feel emotionally detached from your spouse, if you no longer care about their daily life, if you’ve stopped trying to work on the relationship, or if you’re simply going through the motions while feeling numb or indifferent, you may have already emotionally divorced.
This emotional disconnection often manifests as living parallel lives under the same roof—separate schedules, separate interests, separate friends, and minimal meaningful interaction. When both spouses have checked out emotionally, and neither has interest in reconnecting, staying married often serves no purpose beyond convenience or fear of change.
Repeated Attempts at Reconciliation Have Failed
If you’ve genuinely tried to save your marriage through counseling, communication improvements, changed behaviors, trial separations, or other interventions, but problems persist or return, this pattern suggests fundamental issues that cannot be resolved. There’s no shame in acknowledging that, despite your best efforts, the marriage isn’t working.
Recognizing when you’ve exhausted reasonable options for reconciliation is important. Continuing to cycle through the same problems without lasting improvement creates ongoing stress and prevents both spouses from moving forward with their lives.
How Certified Family Law Specialist Judy Burger Can Help
Making the decision to divorce is just the first step. Navigating California’s divorce process requires experienced legal guidance to protect your rights, assets, and future. Judy L. Burger brings the distinction of certification as a Family Law Specialist by the State Bar of California Board of Legal Specialization—a credential held by fewer than 10% of California family law attorneys.
This certification requires extensive experience handling complex family law matters, passing a rigorous examination, and maintaining ongoing education in family law developments. When you work with a Certified Family Law Specialist, you’re working with an attorney who has demonstrated exceptional knowledge and skill in this specific area of law.
The Law Offices of Judy L. Burger provides comprehensive divorce representation throughout California. Judy and her team guide clients through every aspect of divorce, including property division, spousal support, child custody and visitation, child support, and complex asset valuation. Whether your divorce involves high-value assets, business interests, retirement accounts, or contentious custody disputes, Judy Burger has the experience to handle sophisticated cases.
Judy’s approach balances strong advocacy with practical problem-solving. She understands that while some divorces require aggressive litigation to protect clients’ interests, others benefit from collaborative approaches or mediation that reduce conflict and costs. She’ll help you understand your options, develop a strategic approach tailored to your circumstances, and work toward outcomes that protect your financial security and family relationships.
Frequently Asked Questions About California Divorce
How long does a California divorce take?
California requires a minimum six-month waiting period from when divorce papers are served until the divorce can be finalized. However, the actual timeline depends on case complexity and whether spouses agree on key issues. Uncontested divorces may conclude shortly after the six-month minimum, while contested divorces involving complex assets or custody disputes can take 12-18 months or longer.
What’s the difference between legal separation and divorce in California?
Legal separation addresses the same issues as divorce—property division, support, and custody—but spouses remain legally married. Some couples choose separation for religious reasons, to maintain health insurance benefits, or because they’re unsure about divorce. You can convert a legal separation to divorce later, and the six-month waiting period applies to divorce but not separation.
Do I need to prove fault to get divorced in California?
No. California is a no-fault divorce state, meaning you don’t need to prove wrongdoing to divorce. You simply need to state that you have “irreconcilable differences” that have caused the irretrievable breakdown of the marriage. While fault doesn’t determine whether you can divorce, it may impact issues like spousal support in cases involving domestic violence or extreme misconduct.
How is property divided in a California divorce?
California is a community property state, meaning assets and debts acquired during marriage are generally divided equally between spouses. Separate property—assets owned before marriage or received as gifts or inheritance—typically remains with the original owner. However, determining what’s community versus separate property can be complex, especially with commingled assets or businesses.
Can I get spousal support in my California divorce?
Spousal support (alimony) depends on factors including the length of the marriage, each spouse’s income and earning capacity, age and health, the standard of living during the marriage, and contributions to the other spouse’s education or career. Support isn’t automatic, but longer marriages where one spouse sacrificed career advancement often result in support awards. The amount and duration vary based on specific circumstances.
Take the First Step Toward Your Future
If you’re questioning whether it’s time for divorce, you deserve experienced, compassionate legal guidance to understand your options and rights. The Law Offices of Judy L. Burger provides the expertise and support you need during this challenging transition.
Contact Certified California Family Law Specialist Judy Burger today to schedule a confidential consultation. With offices throughout California, we’re ready to listen to your concerns, answer your questions, and help you make informed decisions about your future.
Call us or visit our website to take the first step toward clarity and a new chapter in your life.
