California Family Law Attorneys

At DearLegal, we connect you with experienced California family law attorneys who can navigate California’s community property and Family Code framework. Whether you’re in Los Angeles, San Francisco, San Diego, San Jose, Sacramento, or anywhere across the state, we’ll match you with the right attorney — at no cost to get started.

At minimum, 6 months and 1 day from the date the respondent is served — California’s mandatory waiting period under Fam. Code § 2339. Uncontested divorces typically finalize at or shortly after the 6-month mark. Contested cases routinely take 12–24 months or longer in busy counties like Los Angeles and San Francisco.

Yes — California pioneered no-fault divorce in 1970. The only grounds for dissolution under Fam. Code § 2310 are irreconcilable differences or permanent legal incapacity to make decisions. Fault is not a ground for dissolution and generally not considered in property division.

No pre-filing separation is required. However, the date of separation (Fam. Code § 70) is critical — it’s the cutoff for accruing community property. The mandatory 6-month-and-1-day waiting period from service must elapse before marital status is terminated.

California is a community property state. All property acquired during the marriage — earnings, real estate, retirement accruals, business interests — is presumptively community property and divided equally (Fam. Code §§ 760, 2550). Separate property (owned before marriage or acquired by gift/inheritance) stays with the original owner. Commingling and tracing under Fam. Code § 2640 are common battleground issues.

California applies the best-interests standard under Fam. Code § 3011, considering the child’s health/safety/welfare, history of abuse, nature of contact with each parent, and substance abuse. Fam. Code § 3020 declares a public policy of frequent and continuing contact with both parents. Joint custody is favored but not presumed except by agreement.

California uses an algebraic guideline formula under Fam. Code § 4055 — often called the DissoMaster formula — based on both parents’ net incomes and timeshare. Deviation requires specific findings (Fam. Code § 4056). The result is highly sensitive to timeshare percentages.

Yes. Custody and child support can be modified on a change in circumstances. Spousal support modifiability depends on the order — most are modifiable, but parties can agree to non-modifiable terms in long-term marriages. Property division (community property division) is generally final and not modifiable.

Why Do You Need a Family Law Attorney in California?

California is a community property state under Fam. Code § 760 — all property acquired during the marriage is presumptively owned 50/50. California allows divorce on irreconcilable differences under Fam. Code § 2310 — the modern model of no-fault divorce that other states copied. Residency is 6 months in the state and 3 months in the county before filing under Fam. Code § 2320. California imposes a mandatory 6-month-and-a-day waiting period from service before the marriage can be terminated (Fam. Code § 2339). Custody is decided under Fam. Code § 3011 best-interests factors, with a strong public policy of frequent and continuing contact (Fam. Code § 3020).

When Do You Need a Family Law Attorney in California?

Our network includes California family law attorneys who handle every kind of case, including:

Types of Family Law Cases in California

From the moment you connect with a California family law attorney, they go to work protecting your claim. The most common case types we handle:

Moving out of the marital home before there’s a court order — affects custody timeshare and exclusive use determinations

Hiding assets — California’s mandatory disclosure rules (Fam. Code § 2104) impose harsh sanctions for nondisclosure including 100% award of the hidden asset

Posting on social media — California courts routinely admit social media in custody disputes

Communicating ex parte with the judge

Filing in California when the child’s home state under UCCJEA is elsewhere

Missing the 6-month state residency or 3-month county residency requirement under Fam. Code § 2320

Moving out of the marital home before there’s a court order — affects custody timeshare and exclusive use determinations

Hiding assets — California’s mandatory disclosure rules (Fam. Code § 2104) impose harsh sanctions for nondisclosure including 100% award of the hidden asset

Posting on social media — California courts routinely admit social media in custody disputes

Communicating ex parte with the judge

Filing in California when the child’s home state under UCCJEA is elsewhere

Missing the 6-month state residency or 3-month county residency requirement under Fam. Code § 2320

Common California Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do California Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in California are not handled on contingency. California Rule of Professional Conduct 1.5(d)(1) prohibits contingent fees in family law cases where the fee is contingent on securing a dissolution or on the amount of spousal support, child support, or property settlement. California family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award need-based attorney’s fees under Fam. Code § 2030 and sanctions-based fees under Fam. Code § 271.

What Can Your California Family Law Compensation Include?

Property Division

Community property — equal division of all property acquired during marriage (Fam. Code §§ 760, 2550), with separate property and Fam. Code § 2640 reimbursements carved out.

Spousal Support

Temporary support during case (county guideline formulas) and permanent support under Fam. Code § 4320 factors. Long-term-marriage rule at 10 years (Fam. Code § 4336).

Child Support

Calculated under the Fam. Code § 4055 algebraic guideline formula based on net income and timeshare.

Custody and Parenting Time

Legal and physical custody decided under Fam. Code § 3011 best-interests factors with Fam. Code § 3020 policy of frequent and continuing contact.

Attorney’s Fees

California courts award need-based fees under Fam. Code § 2030, sanctions-based fees under Fam. Code § 271 for uncooperative conduct, and fees in DVRO cases under Fam. Code § 6344.

Protective Orders

Domestic Violence Restraining Orders under DVPA (Fam. Code § 6200 et seq.) — Emergency Protective Orders, temporary DVROs, and 1–5 year final DVROs.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

California Family Law Attorneys

Why Do You Need a Family Law Attorney in California?

When Do You Need a Family Law Attorney in California?

Types of Family Law Cases in California

Common California Family Law Mistakes

How Much Do California Family Law Attorneys Cost?

What Can Your California Family Law Compensation Include?

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