FAQ

California is a ‘community property’ state, which means all property in a marriage is either considered ‘community’ (belonging to the couple) or ‘separate’ (belonging only to one spouse). Community property typically includes all the property the couple acquired together during their marriage. Whereas, separate property denotes property that was separately acquired by the spouses before their marriage or after their separation. It can also refer to gifts or inheritances received during the marriage.

Unless a prenuptial agreement states otherwise, community property is divided equally in a California divorce case, and each spouse or domestic partner will retain their separate properties.

The initial court filing fee is $435, although this number can vary slightly from case to case. Other expenses, such as hourly rates for attorneys and additional court fees, vary widely from case to case. The total cost will also depend on whether or not the case is contested and if the couple has to bring in additional professionals such as forensic accountants, appraisers, custody evaluators, etc., throughout the divorce proceedings.

Uncontested divorce cases can be relatively simple and inexpensive, as all the couple has to do is sort out the paperwork and work out agreements. The general rule of thumb is the longer you have to spend in court, the more money it’s going to cost you.

The decisions made on behalf of the child or children’s welfare, which generally include education, healthcare, extracurricular activities, religious activities or institutions, travel, and living arrangements, are considered legal custody. Physical custody, on the other hand, denotes the parent with whom the child or children spend a significant amount of time.