FAQs
Frequently Asked Questions
Find clear, straightforward answers to common questions so you can better understand your options and feel more confident about your next steps.
What are my first steps if I am considering divorce?
The most important first step is to consult with a family law attorney to understand your rights and options before making any decisions. It is also helpful to begin gathering financial documents, including tax returns, bank statements, retirement account statements, and any records of assets and debts. Knowledge is your greatest asset at the outset of this process.
Do I need to be separated before filing for divorce?
No. California does not require a formal period of separation before filing for divorce. However, the date of separation can be legally significant as it may affect the characterization of assets and debts as community or separate property.
How long will my divorce take?
Every case is different. An uncontested divorce where both parties agree on all issues can be finalized relatively quickly once the mandatory six-month waiting period has passed. A contested divorce involving disputes over property, support, or custody can take significantly longer. Our goal is to move your matter forward as efficiently as possible while ensuring your interests are protected.
Do I have to go to court?
Not necessarily. Many divorces are resolved through negotiation and settlement without ever going to trial. However, if an agreement cannot be reached, we are fully prepared to advocate for you in court.
What is a summary dissolution?
A summary dissolution is a simplified divorce process available to couples who meet specific eligibility requirements, including a short marriage, no children, limited assets and debts, and no real property. If you qualify, the process is faster and less costly than a standard divorce. We can help you determine whether summary dissolution is an option in your situation.
What is the role of mediation in divorce?
Mediation is a process in which a neutral third party helps both spouses work toward a mutually acceptable resolution. It can be a cost-effective and less adversarial alternative to litigation. While both parties cannot have formal legal representation during the mediation session itself, either party may retain a consulting attorney to review documents, provide guidance, and advise them outside of the mediation process. The mediator is a neutral party and does not represent either spouse. We can serve in a consulting capacity to help you prepare for mediation, understand your rights, and review any proposed agreement before it is finalized.
What if my spouse refuses to participate or cannot be located?
If your spouse fails to respond after being properly served, you may be able to proceed with a default divorce and obtain orders based on your requests. If your spouse cannot be located, there are legal procedures for alternative service. Either way, the process can move forward.
What is the difference between a legal separation and a divorce?
A legal separation addresses the same issues as a divorce — property division, support, and custody — but the parties remain legally married. Some clients choose this option for financial, insurance, or personal reasons. A divorce legally terminates marital status.
How much will my divorce cost?
The cost of a divorce varies widely depending on the complexity of the issues involved and the level of conflict between the parties. An uncontested divorce with few assets and no children will cost considerably less than a contested divorce involving significant assets, a business, or a custody dispute. We work efficiently and transparently and will discuss fees and expectations with you at the outset so there are no surprises.
What if I cannot afford an attorney?
If there is a significant disparity in income or access to funds between spouses, the court has the authority to order one spouse to contribute to the other's attorney fees. This is an option worth discussing during your consultation.
What happens if my spouse and I reconcile during the process?
If you reconcile, the divorce proceedings can be dismissed. If reconciliation efforts are underway, it is worth discussing a pause in the process with your attorney while you explore that possibility.
Can I file for divorce in California if my spouse is stationed in California?
California may have jurisdiction over your divorce if you or your spouse is domiciled in California or has been stationed here. Jurisdictional rules in military divorce can be complex, and it is important to determine the proper forum early in the process to avoid complications down the road.
Can I serve my spouse with divorce papers if they are deployed?
Yes, though the process requires careful attention to federal law. The Servicemembers Civil Relief Act (SCRA) provides certain protections to active duty service members, including the ability to request a stay of proceedings while deployed. This does not prevent a divorce from being filed, but it may affect the timeline and procedural requirements.
How is military retirement divided in a divorce?
Military retirement pay earned during the marriage is generally considered community property under California law. Division of military retirement is governed by the Uniformed Services Former Spouses' Protection Act (USFSPA) and requires a specific court order called a Military Retired Pay Division Order. The method of division and the applicable retirement system — whether legacy or the Blended Retirement System — affects how the benefit is calculated and divided.
What is the 10/10 rule?
The 10/10 rule is a federal rule that allows the Defense Finance and Accounting Service (DFAS) to make direct payments of retirement benefits to a former spouse, but only if the marriage overlapped with at least 10 years of creditable military service. If the 10/10 requirement is not met, the former spouse may still be entitled to a share of retirement benefits, but payment must come directly from the service member rather than DFAS.
Is a former spouse entitled to military healthcare benefits after divorce?
Eligibility for continued military healthcare coverage through TRICARE after divorce depends on the length of the marriage, the length of the service member's creditable service, and the overlap between the two. The most common threshold is the 20/20/20 rule — 20 years of marriage, 20 years of service, and 20 years of overlap — which may entitle a former spouse to full TRICARE coverage. Lesser overlap periods may provide more limited transitional coverage.
How does deployment affect child custody arrangements?
Deployment can significantly impact custody arrangements and requires advance planning. A well-drafted parenting plan should include provisions addressing deployment, relocation, and communication so that both parents and children have clarity during periods of active service.
Can child support and spousal support orders account for military allowances?
Yes. Military compensation includes not just base pay but also allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), which is generally considered as part of a service member's income for support calculation purposes. Properly accounting for the full scope of military compensation is an important part of ensuring accurate support orders.
What happens to a Survivor Benefit Plan (SBP) in a military divorce?
The Survivor Benefit Plan provides ongoing monthly payments to a designated beneficiary after the service member's death. In a divorce, a former spouse may be designated as the SBP beneficiary. There are strict deadlines for making this election and specific requirements that must be met. Failing to address SBP in the divorce settlement can result in the permanent loss of this valuable benefit.
DOMESTIC PARTNERSHIP DISSOLUTION
Common Questions About Domestic Partnership Dissolution.
Is dissolving a domestic partnership the same as divorce?
The process is very similar but not identical. California law grants registered domestic partners substantially the same rights and obligations as married spouses, including community property rights and support obligations. The dissolution process follows the same general framework as divorce, but there are procedural and legal distinctions depending on the specific circumstances of the partnership.
What is a summary dissolution and do we qualify?
A summary dissolution is a simplified procedure available to domestic partners who meet specific eligibility criteria, including a short duration of the partnership, limited assets and debts, no children, and no real property. If you qualify, the process is generally faster and less costly than a formal dissolution. We can help you determine whether summary dissolution is an option in your situation.
How is property divided in a domestic partnership dissolution?
Property acquired during a registered domestic partnership is generally treated as community property under California law and is subject to equal division. Separate property brought into the partnership or received by gift or inheritance is generally not subject to division. The same principles that apply to property division in divorce apply to domestic partnership dissolution.
Are domestic partners entitled to support after dissolution?
Yes. California law provides for support under the same statutory framework that applies to married couples. Whether support is appropriate and how much depends on the same factors courts consider in divorce, including the length of the partnership, each partner's income and earning capacity, and the standard of living during the partnership.
Does a domestic partnership dissolution address custody and child support?
Yes. If children are involved, custody, parenting time, and child support are addressed in a domestic partnership dissolution in the same manner as in a divorce. The best interests of the child standard applies regardless of the nature of the parents' relationship.
What if our domestic partnership was registered in another state?
California courts may have jurisdiction to dissolve a domestic partnership registered in another state. Specific circumstances will determine whether California is the appropriate forum. This is a nuanced area worth discussing with an attorney early in the process.
How long does a domestic partnership dissolution take?
Like divorce, a domestic partnership dissolution is subject to California's mandatory six-month waiting period from the date of service. The overall timeline depends on whether the matter is contested and the complexity of the issues involved.
Property & Asset Division
Common Questions About Property Division.
Does everything get split 50/50?
Community property is generally divided equally, but how that division is structured can vary. For example, one spouse may keep the family home while the other receives equivalent assets of equal value. The goal is an equal division, not necessarily an identical one.
What happens to our house?
The family home is often the most significant asset in a divorce. Options typically include selling the home and dividing the proceeds, one spouse buying out the other's interest, or in cases involving minor children, a deferred sale arrangement. The right solution depends on your financial circumstances and priorities.
What happens to debt accumulated during the marriage?
Just as assets acquired during the marriage are generally community property, so are debts. This includes credit card debt, loans, and other liabilities incurred during the marriage regardless of whose name they are in. How debt is allocated between the parties is an important part of the overall settlement.
What about retirement accounts and pensions?
Retirement benefits accumulated during the marriage are generally community property and subject to division. Dividing these accounts requires specific legal orders and careful attention to the type of plan involved. We work to ensure these benefits are properly identified, valued, and divided in a way that protects your long-term financial interests.
What happens to a business owned by one or both spouses?
A business started or grown during the marriage may be considered community property in whole or in part. Valuing and dividing a business interest is one of the more complex aspects of divorce and often requires the assistance of a forensic accountant or business valuator. Options may include one spouse buying out the other, continued co-ownership, or sale of the business.
How are stock options or bonuses handled?
Stock options and bonuses earned or vested during the marriage may be considered community property. The analysis can be complex depending on when the options were granted, when they vest, and the nature of the compensation structure. These assets require careful review and valuation.
What happens to property owned before marriage if it increased in value during the marriage?
Property owned before marriage is generally separate property. However, if the property increased in value during the marriage due to the efforts of either spouse, that appreciation may have a community property component. This is a nuanced area of California law that requires careful analysis of the specific facts.
What is a preliminary declaration of disclosure and do I have to complete one?
Yes. California law requires both parties to complete a preliminary declaration of disclosure, which is a formal financial disclosure of all assets, debts, income, and expenses. This is a legal requirement, not optional, and both parties are obligated to provide complete and accurate information. Failure to disclose assets can have serious legal consequences.
What if my spouse is hiding assets?
If you suspect your spouse is concealing assets, there are legal tools available to uncover them, including formal discovery, subpoenas, and financial analysis. Transparency in the disclosure of assets and debts is required by law in California divorce proceedings.
Will I receive — or have to pay — spousal support?
Whether spousal support is ordered depends on factors such as the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and the contributions each spouse made. There is no single formula for long-term support, and outcomes vary significantly from case to case.
Is there a guideline formula for spousal support?
California uses a guideline formula to calculate temporary spousal support during the pendency of the case, which is calculated using the same software as child support. Long-term or permanent spousal support ordered at the conclusion of the case is not determined by a formula but rather by the court's consideration of multiple statutory factors.
How long does spousal support last?
For marriages under ten years, support is often ordered for approximately half the length of the marriage. For marriages of ten years or longer, the court retains jurisdiction over support for an indefinite period, though that does not necessarily mean support will last forever. Circumstances can change and support can be modified or terminated.
Can spousal support be modified?
Yes. If there is a significant change in circumstances — such as a change in income, remarriage of the supported spouse, or cohabitation — support may be modified or terminated through a court order or written agreement between the spouses.
Is spousal support taxable?
For divorces finalized after December 31, 2018, spousal support is no longer deductible by the paying spouse or considered taxable income to the receiving spouse under federal law. We recommend consulting with a tax professional as part of your overall divorce planning.
What happens to health insurance after divorce?
A spouse covered under the other's employer-sponsored health insurance will generally lose that coverage upon divorce. Options may include obtaining coverage through your own employer, purchasing an individual plan, or continuing coverage temporarily through COBRA. Planning for health insurance is an important practical consideration in any divorce.
What is the supported spouse's obligation to become self-supporting?
California law recognizes that a supported spouse has an obligation to make reasonable efforts to become self-supporting within a reasonable period of time. The court may consider whether the supported spouse is making those efforts when evaluating ongoing support. This does not mean support will automatically end, but it is a factor the court takes into account.
What if the other party is hiding income to avoid paying support?
If you believe the other party is concealing income or assets to reduce or avoid their support obligation, there are legal tools available to investigate. These include formal discovery, subpoenas to employers and financial institutions, and in some cases forensic accounting. Underreporting income or hiding assets in the context of a support obligation can have serious legal consequences for the non-complying party.
How is child support calculated?
California uses a statewide guideline formula that takes into account each parent's income, the percentage of time each parent spends with the child, and certain allowable deductions such as health insurance premiums and mandatory retirement contributions. While the guideline amount is presumed correct, there are circumstances in which a deviation may be appropriate.
What counts as income for child support purposes?
Income for child support purposes is broadly defined and includes wages, salaries, bonuses, commissions, self-employment earnings, rental income, investment income, and in some circumstances, imputed income if a parent is voluntarily unemployed or underemployed.
What are add-on expenses?
In addition to base child support, California law provides for mandatory add-on expenses including childcare costs related to employment or education and uninsured healthcare costs. Discretionary add-ons such as extracurricular activities and educational expenses may also be ordered depending on the circumstances.
Can child support be modified?
Yes. Child support can be modified if there has been a change in circumstances, such as a change in either parent's income, a change in the custody arrangement, or a change in the child's needs. Support orders are never truly final and can be revisited as circumstances evolve.
What if the other parent is not paying court-ordered support?
There are legal enforcement mechanisms available when a parent fails to pay court-ordered child support, including wage garnishment, liens on property, and other collection remedies.
What if the other party is hiding income to avoid paying support?
If you believe the other party is concealing income or assets to reduce or avoid their support obligation, there are legal tools available to investigate. These include formal discovery, subpoenas to employers and financial institutions, and in some cases forensic accounting. Underreporting income or hiding assets in the context of a support obligation can have serious legal consequences for the non-complying party.
Does child support end at age 18?
In California, child support generally continues until the child turns 18, or 19 if the child is still a full-time high school student living with a parent. Support for adult children with disabilities may continue beyond that in certain circumstances.
CUSTODY & PARENTING PLANS
Common Questions About Custody & Parenting Plans.
What is the difference between legal and physical custody?
Legal custody refers to the right to make decisions about a child's health, education, and welfare. Physical custody refers to where the child lives. Both can be sole or joint, and many families have arrangements that combine elements of each.
Will the court automatically order 50/50 timeshare?
There is no automatic presumption of 50/50 timeshare in California, though courts generally encourage both parents to be meaningfully involved in their children's lives. The actual arrangement depends on each family's circumstances, the children's needs, and each parent's ability to provide a stable environment.
At what age can a child decide which parent to live with?
There is no specific age at which a child can unilaterally decide where to live. However, California law requires courts to consider the wishes of a child who is of sufficient age and capacity to form an intelligent preference, generally around age 14. The child's preference is one factor among many and is not automatically controlling.
What if my partner wants to move out of state with the children?
A parent who wishes to relocate with a child in a way that would significantly impact the other parent's custodial time will generally need court approval. Move-away cases are among the most complex in family law and early legal guidance is essential if relocation is a possibility in your case.
How does domestic violence affect custody?
California law takes domestic violence very seriously in the context of custody determinations. There is a presumption against awarding joint or sole custody to a parent who has perpetrated domestic violence. If domestic violence is a factor in your case, it is important to discuss this with your attorney as early as possible.
Can a custody order be modified?
Yes. To modify a final custody order, the moving party must demonstrate a change in circumstances since the original order was entered. Once that threshold is met, the court evaluates the proposed change under the best interests of the child standard.
Can a parenting plan be modified?
Yes. Unlike a custody order, a parenting plan does not require a showing of changed circumstances. The court's focus is solely on the best interests of the child. If both parents agree, the modification can be formalized through a stipulated order without the need for a court hearing.
What if the other parent is not following the parenting plan?
If the other parent is violating a court-ordered parenting plan, there are legal remedies available including contempt proceedings and requests for modification. Documenting violations is important and we can advise you on the most effective course of action.
POST-JUDGMENT MODIFICATIONS
Common Questions About Post-Judgment Modifications.
What qualifies as a change in circumstances?
A change in circumstances is the legal threshold required to modify most family law orders. Examples may include a change in either party's income, a job loss, a relocation, a change in the child's needs, remarriage, or cohabitation. Not every change will qualify, and the specific facts matter greatly.
Which orders can be modified?
Child support, spousal support, and custody and visitation orders can generally be modified upon a showing of changed circumstances. Property division orders, once finalized in a judgment, are typically not modifiable. The terms of a marital settlement agreement may also affect what can be revisited.
How do I know if my situation warrants a modification?
If your financial situation, living arrangements, or family dynamics have changed since your original order was entered, it is worth consulting with an attorney to evaluate whether a modification is appropriate.
Can modifications be handled by agreement without going to court?
Yes. Parties can agree to a modification and submit a stipulated order to the court for approval. This is generally a faster and less costly process than a contested hearing. However, any agreed modification should be formalized in a written court order to be enforceable.
How long does the modification process take?
The timeline depends on whether the modification is contested and the complexity of the issues involved. An uncontested modification by stipulation can often be completed relatively quickly. A contested modification requiring a hearing will take longer depending on court availability and the specific circumstances.
SETTLEMENT & AGREEMENT DRAFTING
Common Questions About Settlement & Agreement Drafting.
What issues should a settlement agreement address?
A comprehensive marital settlement agreement should address all community property and debt division, spousal support, child custody and visitation, child support, and any other issues specific to your situation. Leaving issues unresolved or poorly defined can lead to future disputes and costly litigation.
What makes a settlement agreement enforceable?
A settlement agreement must meet certain legal requirements to be enforceable, including being in writing, signed by both parties, and in most cases incorporated into a court judgment. The language used matters enormously — ambiguous or incomplete agreements are a common source of post-divorce disputes.
Can a settlement agreement be modified after it is signed?
Some provisions of a settlement agreement, such as child support and custody, can be modified later upon a showing of changed circumstances. Other provisions, particularly those relating to property division, are generally not modifiable once the judgment is entered. It is important to understand which terms are final before signing.
Do we both need attorneys to reach a settlement?
Neither party is required to have an attorney to reach a settlement. However, any agreement reached should be reviewed by an attorney before signing. Once signed, the agreement will be filed with the Court and may have significant and long-term legal and financial consequences. It is strongly advisable that each party retain independent legal counsel to review any proposed agreement prior to signing to ensure they fully understand their rights and the implications of the terms agreed upon.
What is the difference between a settlement agreement and a court order?
A settlement agreement is a contract between the parties. It becomes a court order when it is approved and incorporated into a judgment by the court. Once it is a court order, violations can be enforced through the court system.
POST-JUDGMENT ENFORCEMENT
Common Questions About Post-Judgment Enforcement.
What can I do if the other party stops paying child or spousal support?
California has a number of enforcement tools available when a party fails to pay court-ordered support. These include wage garnishment, also known as an earnings withholding order, which automatically deducts support from the paying party's paycheck. Additional remedies are available, including in serious cases, contempt of court proceedings. An experienced attorney can help you determine which remedy is most appropriate and effective in your situation.
What is contempt of court and when does it apply?
Contempt of court occurs when a party willfully violates a court order. In family law, this can apply to failure to pay support, refusal to comply with property division orders, or repeated violations of a custody and visitation order. A finding of contempt can result in fines, community service, or in serious cases, jail time. Contempt proceedings require meeting a specific legal standard and careful preparation, which is why having an attorney is strongly advisable.
Can I withhold visitation if the other party is not paying support?
No. Child support and visitation are treated as separate and independent obligations under California law. Withholding visitation because support has not been paid — or withholding support because visitation is being denied — can expose you to legal consequences and is not an approach we advise. The proper remedy for each violation is to seek enforcement through the court.
What if the other party is violating the custody or visitation order?
If the other party is repeatedly denying your court-ordered visitation or otherwise violating the parenting plan, you have legal options including filing a motion for enforcement, seeking a modification of the custody order, or pursuing contempt proceedings. Documenting each violation carefully — including dates, times, and any communications — is important and will support your enforcement action.
What if the other party refuses to divide or transfer property as ordered?
If a party refuses to comply with a property division order — such as failing to transfer a deed, close a joint account, or divide a retirement account — the court has authority to compel compliance. In some cases the court can take direct action, such as signing documents on behalf of a non-complying party. An attorney can help you identify the most efficient path to compel compliance and recover any losses caused by the delay.
Is there a deadline to enforce a court order?
Yes. Enforcement remedies are subject to statutes of limitations and other time restrictions depending on the type of order and the nature of the violation. For example, there are specific time limits on collecting past-due support, known as arrears. Acting promptly is important — delay can limit your remedies. If you believe the other party is not complying with a court order, it is worth consulting with an attorney sooner rather than later.
How long does the enforcement process take?
The timeline depends on the type of violation and the remedy being pursued. Some enforcement mechanisms, such as wage garnishment, can be implemented relatively quickly. Contempt proceedings take longer and require a hearing before the court. We work to move enforcement matters forward as efficiently as possible while ensuring that the legal requirements are properly met.
What if the other party lives in a different state?
Family law orders issued in California are enforceable across state lines. Support orders are enforced under the Uniform Interstate Family Support Act (UIFSA), which has been adopted by all 50 states. Property division orders can be registered and enforced in the other party's state under the Full Faith and Credit Clause of the United States Constitution. Custody orders are enforced under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Interstate enforcement is more complex than in-state enforcement and it is strongly advisable to consult with a family law attorney before proceeding.
CONTACT OUR FIRM
GET IN TOUCH
If you are facing a family law matter, having the right guidance early can make a meaningful difference in how your case unfolds. At Roberts Family Law, PC, we take a thoughtful, strategic approach, prioritizing preparation, clear communication, and steady advocacy so you can move forward with confidence.
Whether you are navigating a complex divorce, financial concerns, or parenting arrangements, we are here to provide focused, practical support tailored to your situation.
