When Your Marriage Ends, Your Future Still Deserves Protection

California law requires that at least one spouse have lived in the state for 6 months and in the county where the case is filed for 3 months before filing for divorce.

If you recently moved to Marin County and do not yet meet the residency requirement, you may still file for legal separation first. Once residency requirements are met, the case can later be amended to a divorce.

California follows community property laws, which generally require marital property and debts to be divided equally between spouses.

Community property typically includes assets acquired during the marriage, such as income, retirement savings, real estate, and business interests. Separate property, such as assets owned before marriage or received as an inheritance or gift, usually remains with the original owner.

California courts determine child custody based on the best interests of the child. Judges consider several factors, including:

• The child’s health, safety, and welfare
• Each parent’s ability to care for the child
• The stability of each household
• The child’s relationship with both parents
• Any history of domestic violence or substance abuse

Custody may involve legal custody (decision-making authority) and physical custody (where the child primarily lives). Courts often encourage arrangements that allow children to maintain meaningful relationships with both parents whenever possible.

Not every divorce requires a full court trial. Many cases are resolved through negotiation, mediation, or settlement agreements between spouses.

However, when spouses cannot agree on issues such as custody or property division, the court may schedule hearings or a trial to resolve those disputes.

Divorce attorneys typically work on a retainer and hourly billing model. A client pays an initial retainer, which the attorney bills against as work is completed. The total cost depends on the complexity of the case and whether disputes require court involvement. Contested divorce cases involving custody disputes or financial expert testimony often require more legal work than uncontested divorces.