Frequently Asked Questions

Frequently Asked Questions About Family Law in California

At Christian Family Law, we understand how overwhelming family law cases can be—emotionally, financially, and legally. Whether you’re facing divorce, custody battles, or child support disputes, we’re here to guide you through the process with clarity, compassion, and proven legal strategy. With over 100 years of combined attorney experience and more than 10,000 hearings under our belts, we take on the heavy lifting so you don’t have to.

Here are answers to some of the most common family law questions we get, but it’s important to remember that every family is different. For personalized help tailored to your goals and your family’s needs, contact us for a free case evaluation today and we’ll get you the answers you need.

Can grandparents get visitation rights in California?

Yes, under certain circumstances, grandparents can petition for visitation rights in California. The court will grant visitation if it’s in the child’s best interest and if there was a pre-existing relationship between the grandparent and child. However, parents’ fundamental right to make decisions about their children is given significant weight, so grandparents must overcome a legal presumption that the parents’ decision is in the child’s best interest. Common situations where grandparent visitation may be granted include cases involving divorce, separation, or the death of a parent.

What should I do to prepare for my first consultation with a family law attorney?

To make the most of your consultation, gather important documents like marriage certificates, financial records (bank statements, tax returns, pay stubs), property deeds, insurance policies, and any existing court orders or legal documents. Write down key dates, a timeline of events, and your primary concerns or goals. Prepare a list of questions about your situation, potential outcomes, and the legal process. Be ready to discuss your financial situation honestly, including assets, debts, and income for both spouses. The more organized and prepared you are, the more effectively our attorney can assess your case and provide valuable guidance.

What are the advantages of a legal separation compared to divorce?

A legal separation allows spouses to live apart while remaining legally married, which can be beneficial for those who do not want to divorce due to personal, financial, or religious reasons. It offers the same protections as divorce in terms of property division, child custody, and spousal support, but it does not sever the legal marriage bond. For some, legal separation allows them to maintain benefits like health insurance coverage through a spouse’s employer. Additionally, if both spouses wish to reconcile later, the legal separation allows them to avoid starting the entire divorce process from scratch.

What if my spouse isn’t following the child custody or support order?

If your spouse isn’t complying with the terms of a child custody or support order, you have legal options to enforce the court’s decision. This can include asking the court to enforce the order through wage garnishment, fines, or even jail time in extreme cases. For custody violations, you may request a modification of the order or even ask the court to hold the non-compliant spouse in contempt. It’s important to document every violation and consult with an attorney to ensure you take the appropriate steps to protect your rights and the well-being of your children.

Can I modify a child custody or support order after it’s been established?

Yes. In California, you can request a modification of child custody or support orders if there has been a significant change in circumstances, such as a parent relocating, changes in income, or changes in the child’s needs. The court will always prioritize the best interests of the child when reviewing modification requests. It’s important to work with an attorney to determine if your situation qualifies and to navigate the process effectively.

What happens to debt and property acquired during a marriage in a divorce?

California is a community property state, meaning that most property and debt acquired during the marriage is considered equally owned by both spouses and will be divided fairly, though not necessarily equally, in a divorce. Separate property, like assets owned before marriage or received as gifts or inheritance, is usually excluded. The division process can be complex, especially with significant assets or debts involved, so legal guidance is crucial to protect your interests.

How is child custody determined in California?

California courts focus on the “best interest of the child.” This includes considering each parent’s ability to care for the child, any history of abuse or substance issues, and the child’s health, safety, and welfare. The goal is often to maintain frequent and continuing contact with both parents when safe and appropriate. If you and your co-parent can work out a custody arrangement outside of court (through mediation, collaborative divorce, or negotiation), you will be able to have more control over the outcome.

What’s the difference between legal and physical custody?

Legal custody gives a parent the right to make decisions about the child’s health, education, and welfare. Physical custody refers to where the child lives. These can be joint (shared by both parents) or sole (granted to one parent), depending on the situation.

Do I have to go to court for my divorce?

Not always. If both parties agree on all aspects—like property division, custody, and support—you may be able to avoid court through mediation or a negotiated settlement. If disputes arise, court proceedings may be necessary.

How long does it take to finalize a divorce in California?

The minimum waiting period is six months from the date the other party is served with divorce papers. If the case is uncontested, it could be resolved soon after that. Contested cases tend to take more time, especially when they involve complex issues.

How much does a family law case typically cost?

The cost of a family law case depends on several key factors, including the nature of the case, how much time the attorney needs to spend, and the amount of conflict between the parties. Typically, uncontested divorces or cases that settle quickly are less expensive than contested cases that require prolonged litigation. Additionally, each attorney’s hourly rate and any additional expenses like court fees or expert testimony can impact the final cost.

Have more questions? We’re here to help.

Call now for your free case evaluation and get reliable family law advice from a trusted legal team that truly cares about your future.