Answers to Common Questions About Family Law in San Diego
We’ve compiled answers to some of the most frequently asked questions across our family law practice areas. Click on each category to explore more.
Divorce & Legal Separation
How long does it take to get divorced in California?
California has a mandatory 6-month waiting period, but the full process can take longer depending on complexity, cooperation, and court schedules.
What’s the difference between legal separation and divorce?
Legal separation allows couples to live apart and divide responsibilities without legally ending the marriage. Divorce fully dissolves the legal relationship.
Do I have to go to court to get divorced?
Not always. Many cases are resolved through negotiation or mediation. However, some disputes do require court hearings or trial.
Child Custody & Visitation
How do California courts decide custody?
The court’s priority is the best interest of the child. This includes factors like health, safety, emotional ties, co-parenting ability, and stability.
Can I modify my custody order later?
Yes. If there’s a significant change in circumstances — like a relocation, new job, or safety concern — you may petition to modify your existing order.
Child & Spousal Support
How is child support calculated in California?
Child support is based on a statewide formula that considers each parent’s income, time spent with the child, and other financial factors.
Can I get or change spousal support after divorce?
Possibly. You may be eligible to request a change based on job loss, retirement, remarriage, or other financial shifts.
Prenuptial & Postnuptial Agreements
Are prenups enforceable in California?
Yes — but they must meet specific legal standards, including full disclosure, no coercion, and proper execution timelines.
Can I create a postnup after we’re already married?
Yes. A postnuptial agreement can clarify financial expectations or protect assets acquired during marriage, but must meet strict legal standards.
Paternity Matters
What’s the legal benefit of establishing paternity?
Legal paternity grants parental rights (like custody and visitation) and responsibilities (like child support), and can affect inheritance and medical decisions.
Can either parent file to establish paternity?
Yes. Both mothers and alleged fathers can file a Petition to Establish Parental Relationship in California.
Post-Judgment Modifications
When can I modify a family court order?
Modifications are allowed when there's a significant change in circumstances — such as income changes, relocation, or changes in parenting time.
Is there a time limit to request a modification?
No. As long as the change is valid and ongoing, you can petition the court at any time.
Guardianships
What’s the difference between guardianship and adoption?
Guardianship gives a non-parent legal rights over a child without terminating parental rights. Adoption permanently transfers all parental rights.
Can I get guardianship if the parents are still alive?
Yes, if the parents are unable or unfit to care for the child, and it’s in the child’s best interest.
Domestic Violence & Restraining Orders
What protection does a restraining order provide?
A domestic violence restraining order can prohibit contact, force someone to move out, and provide temporary custody and support orders.
Can a restraining order affect my custody rights?
Yes. A restraining order can impact custody and visitation decisions, especially if it involves a child or co-parent.
Still Have Questions? Let’s Talk.
Every family law case is different — and not every answer fits in a box.
If you need clarity on your specific situation, we’re here to help.