FAQs
Got questions?
You’re not alone. At Family Law Revolution, we know how overwhelming family law issues can feel. That’s why we’ve compiled answers to some of the most common questions our clients ask. Whether you’re navigating divorce, child custody, support, or another family matter, we’re here to help you feel informed and empowered.
Divorce
Q: What are the residency requirements to file for divorce in California?
A: One spouse must have lived in California for at least six months and in the county where you plan to file for at least three months before filing.
Q: Do I need to prove fault to get a divorce?
A: No. California is a no-fault divorce state, which means you can file based on “irreconcilable differences” without proving wrongdoing.
Q: How long does the divorce process take?
A: There is a mandatory six-month waiting period from the date the respondent is served. Complex cases may take longer, especially when custody, support, or property division are involved.
Child Custody & Visitation
Q: How does the court decide custody in California?
A: The court prioritizes the best interests of the child, considering factors like the child’s health, safety, relationship with each parent, and stability.
Q: Can we create our own parenting plan?
A: Yes, and it’s often encouraged. If both parents agree, the court can approve your parenting plan and make it a formal order.
Q: What if the other parent won’t follow the custody order?
A: You can ask the court to enforce the order or modify it if circumstances have changed. We can help you file the appropriate paperwork.
Child Support
Q: How is child support calculated in California?
A: The state uses a guideline formula based on each parent’s income, deductions, and time spent with the child. Starting September 1, 2024, certain expenses will be divided based on each parent’s net spendable income.
Q: Can child support be changed?
A: Yes. If circumstances change (like income, job status, or time with the child), you can request a modification to increase or decrease support.
Q: What if the other parent isn’t paying support?
A: There are enforcement options including wage garnishment, license suspensions, and court intervention. We can assist with these steps.
Mediation & Alternative Dispute Resolution
Q: What is mediation?
A: Mediation is a confidential process where a neutral third party helps you and the other parent or spouse reach an agreement without going to court.
Q: Is mediation required in family law cases?
A: In many California counties, mediation is required for custody and visitation disputes before a court hearing.
Q: What’s the benefit of using a collaborative divorce process?
A: Collaborative divorce avoids litigation by involving a team of professionals (lawyers, financial specialists, mental health experts) to reach a respectful, private resolution.
Legal Representation & Services
Q: What is “limited scope” representation?
A: It means you hire us to help with specific parts of your case—like reviewing documents or appearing in court—rather than full representation. It’s often more affordable and flexible.
Q: Do I need a lawyer if we already agree on everything?
A: Even in amicable cases, having an attorney review your agreement can prevent future legal or financial issues.
Q: Can I afford legal help if I’m on a tight budget?
A: We offer flexible options, including flat fees for some services, paralegal support, and our “Lawyer for a Day” program to keep costs manageable.
Still Have Questions?
We’re happy to help. Contact us for a consultation, or explore our free video library, blogs, and downloadable guides for more support.