Divorce lawyers

Divorce Laws in California

Divorce in California follows statewide rules, but how those rules unfold can feel very different depending on the county you file in. Riverside families often experience unique timelines, mediation requirements, and court procedures that influence every step of a divorce. Understanding the basics can help you prepare for the road ahead.

To file for divorce in California, you must meet the residency requirements under Cal. Fam. Code § 2320:

• Either spouse must have lived in California for at least six months.
• The filing must occur in the county where either spouse has lived for at least three months.
  

If these conditions are not satisfied, the court may dismiss your case. Once you file, your spouse must be formally served with the petition and summons. California also imposes a mandatory six-month waiting period under Cal. Fam. Code § 2339(a). This waiting period begins the day your spouse is served. Even if both spouses agree on everything, the court cannot finalize the divorce until those six months have passed.

Delays can happen when documents are incomplete, financial disclosures are missing, or custody issues are unresolved. Riverside courts may also experience heavier caseloads, which can extend scheduling timelines. In some situations, the court may grant additional time if either spouse demonstrates good cause.

The California Divorce Process

While every family has a unique situation, the divorce process in California generally follows these steps:

1. Meet residency requirements
2. File the petition for dissolution
3. Serve your spouse
4. Exchange financial disclosures
5. Attend mediation or settlement meetings
6. Resolve issues by agreement or through hearings
7. Finalize the judgment after the waiting period ends

Fontes Law Group helps Riverside residents navigate each step with clarity so nothing feels overwhelming or out of reach.

No-Fault Divorce in California

California no longer allows fault-based divorce. In earlier decades, spouses could file for dissolution by claiming misconduct such as adultery, cruelty, or abandonment. Today, every divorce in California is a no-fault divorce, meaning the only legal ground is “irreconcilable differences,” as defined in Cal. Fam. Code § 2311. This simply means the marriage cannot be repaired.

Because fault is not required, you do not need to accuse your spouse of wrongdoing to end the marriage. Marital misconduct does not affect how community property is divided, but certain issues can still influence other areas of the case. Courts may consider domestic violence, ongoing substance abuse, or concerns about a child’s safety when issuing custody and visitation orders.

This no-fault system helps Riverside families move through the divorce process with less conflict while still allowing judges to address issues that affect children’s well being.

Division of Property in Riverside

California follows community property principles. Under Cal. Fam. Code § 760, all income, assets, and debts acquired during the marriage are considered community property. Each spouse has an equal interest in community property, and the law requires that it be divided equally during divorce. Community property may include salaries, vehicles, real estate, retirement accounts, credit cards, and loans incurred during the marriage.

Separate property includes assets a spouse owned before the marriage, as well as inheritances or gifts received individually. However, separate property can lose its status if it becomes commingled with community funds.

For example, a spouse who begins the marriage with $100,000 in personal savings owns that as separate property. But if those funds are deposited into a joint account and used for shared living expenses, the court may determine that some or all of the money has become community property.

A proper property division requires several steps. All assets and debts must first be identified. Next, the property must be characterized as either community or separate. Once the characterization is complete, everything must be valued. Finally, the community property is divided equally, either by agreement or by court order. If spouses cannot agree, the Riverside County Superior Court will make the final decision.

Fontes Law Group helps Riverside clients understand these rules early in the process so they can avoid missteps and protect their financial stability.

Spousal Support in Riverside

Spousal support, also known as alimony, is not automatic. Under Cal. Fam. Code § 4320, judges consider a wide range of factors to determine whether support is appropriate. These factors help the court understand the financial reality of each spouse’s situation.

Courts may consider:

• Each spouse’s earning capacity and job skills
• Whether one spouse needs training or education to become self-supporting
• Whether one spouse postponed career development for the marriage or children
• The duration of the marriage
• The age and health of both spouses
• Any history of domestic violence
• Each spouse’s assets, debts, and financial obligations
• The paying spouse’s ability to provide support
• Tax implications
• Financial hardships faced by either spouse
• Criminal convictions related to spousal abuse

Support may be temporary during the divorce or long-term in longer marriages. Our Riverside divorce lawyers help clients understand how these factors may apply and what amount of support may be realistic in their case.

Attorney Fees in Riverside

Financial disparities often become clear once a divorce begins. If one spouse earns significantly more or controls most of the marital assets, the other may struggle to secure legal representation. Under Cal. Fam. Code § 2030, the court has the authority to order the higher-earning spouse to contribute to the other’s attorney fees.

The purpose is fairness. Both spouses should have equal access to counsel so the case can be litigated on a level playing field. We help clients prepare the necessary financial information to support or oppose fee requests.

Divorce vs. Legal Separation

Some Riverside couples choose legal separation instead of divorce. Both processes address community property, child custody, visitation, and support, but legal separation does not terminate the marital status. Spouses remain legally married and cannot remarry.

Couples may choose legal separation for several reasons, including:

• Religious or cultural beliefs
• Maintaining health insurance benefits
• Tax or financial planning advantages
• Preserving eligibility for military or Social Security spousal benefits
• Wanting time and structure before making a final decision about divorce

Legal separation requires both spouses to agree. If even one spouse prefers divorce, the court must proceed with the divorce instead.

For some families, legal separation provides breathing room. For others, it becomes a smooth transition into divorce later. Fontes Law Group helps Riverside clients understand which option fits their goals and long-term financial needs.

Helpful Resources

FAQs About Divorce Cases