To file for divorce in California, at least one spouse must have lived in the state for the preceding six months and in Los Angeles County which covers Long Beach for at least three months before filing. If you do not yet meet the three-month county requirement but do meet the six-month state requirement, you can still file in a county where you do qualify. A divorce attorney can help you determine the right jurisdiction for your case from the outset, avoiding procedural delays.
No. California is a no-fault divorce state. You do not need to prove adultery, abuse, or any wrongdoing by your spouse. The two recognized grounds for dissolution in California are irreconcilable differences the most common and permanent legal incapacity to make decisions. This means either spouse can initiate the divorce process without the other’s agreement, and evidence of marital fault is generally not relevant to how the court divides property or awards support.
California follows the community property doctrine. All assets and debts acquired during the marriage are generally considered equally owned by both spouses and are divided 50/50 upon divorce. Separate property assets you owned before marriage, or received as a gift or inheritance at any point, are typically returned to the individual owner. Some assets have a mixed character; for example, a home purchased before marriage but paid down with marital income may require a formal accounting to separate each spouse’s interest. Working with an experienced divorce lawyer ensures these calculations are handled correctly.
California law imposes a mandatory six-month waiting period from the date your spouse is served with the divorce petition. This means no divorce can be finalized in less than six months, regardless of how quickly both parties agree on every issue. When couples are in full agreement on property, support, and child custody, a divorce can be completed shortly after the waiting period ends. Contested divorces involving disputes over assets, spousal support, or children can take considerably longer, sometimes over a year. An attorney who understands the Long Beach court system can help structure your case to minimize unnecessary delays.
California courts weigh a broad set of factors under Family Code § 4320 when determining spousal support, including:
For long-term marriages (generally over ten years), courts may leave spousal support open-ended unless the supported spouse remarries or the court finds a changed circumstance. A divorce lawyer can help you present the strongest possible case, whether you are seeking support or opposing it.
Legal custody refers to the right and responsibility to make major decisions about a child’s life education, healthcare, religious upbringing, and extracurricular activities. Joint legal custody, where both parents share this decision-making authority, is the most common outcome in California. Physical custody refers to where the child primarily lives. Joint physical custody means the child spends substantial time with both parents, while sole physical custody means the child lives primarily with one parent, with the other typically receiving scheduled visitation. Your custody attorney can help design an arrangement tailored to your family’s specific situation and your child’s daily needs.
The best interest standard is the cornerstone of all California child custody decisions. Courts evaluate a range of factors, including:
Courts strongly prefer arrangements that allow the child to maintain a meaningful, ongoing relationship with both parents, unless one parent poses a risk to the child’s safety.
Yes. California courts can modify an existing custody order when there has been a significant change in circumstances since the last order was made and when the proposed modification serves the child’s best interests. Common grounds for modification include a parent’s relocation, a substantial change in either parent’s work schedule, evidence of abuse or neglect, a child’s changing developmental or educational needs, or a significant shift in the child’s own expressed preferences as they mature. A custody attorney can evaluate whether your situation meets the legal threshold for modification and guide you through the petition process.
California uses a statewide formula set out in the Family Code often referred to as guideline support which primarily considers the gross monthly income of both parents and the percentage of time the child spends with each parent. The formula also accounts for mandatory payroll deductions, health insurance premiums, hardship circumstances, and certain childcare costs related to employment. Deviations from guideline support are permitted in limited circumstances, and courts have discretion to adjust the amount. Like custody orders, child support can be modified when there is a material change in circumstances such as a job loss, a significant income increase, or a change in parenting time.
Under California law, child abduction occurs when a person including a parent unlawfully takes, entices away, keeps, or conceals a child from the child’s lawful custodian without consent and without a court order authorizing the move or withholding. This applies to both domestic situations (a parent taking the child to another state) and international situations (a parent removing the child to another country). Even when no formal custody order exists, taking a child in a manner designed to deprive the other parent of their custodial rights can constitute abduction. It is a serious criminal offense with significant legal consequences under California Penal Code § 278.
Time is critical. Take these steps without delay:
If the child has been taken internationally, your attorney can initiate proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, which provides a legal framework for the prompt return of children across member countries.
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to secure the prompt return of children who are wrongfully removed to — or retained in — a country different from their habitual residence. It applies only when both the country the child was taken from and the country the child was taken to are signatories to the Convention. The treaty does not resolve the underlying custody dispute; its sole purpose is to return the child quickly so that custody proceedings can take place in the child’s home jurisdiction. A family law attorney with experience in international cases — including dual-jurisdiction matters — is essential to navigate this process efficiently.
A Domestic Violence Restraining Order (DVRO) is a court order that legally prohibits an abusive person from contacting, approaching, or harassing the protected person. In California, you may seek a DVRO if the abusive person is a spouse, former spouse, domestic partner, co-parent, someone you have dated or are dating, or a close family or household member. Abuse under California’s Domestic Violence Prevention Act includes physical harm, threats, sexual assault, stalking, harassment, and in some circumstances, disturbing the peace through emotional abuse or destroying property. You do not need to wait for physical violence to occur — credible threats and a pattern of controlling behavior can also form the basis for a restraining order.
California offers three levels of domestic violence restraining orders:
a. Emergency Protective Order (EPO): Issued by law enforcement at the scene of a domestic violence incident, effective immediately and lasting up to seven days. This gives you time to go to court.
b. Temporary Restraining Order (TRO): Filed at the courthouse in Long Beach, this is the Los Angeles Superior Court. A judge can grant a TRO the same day without the abuser being present if your declaration shows sufficient cause. It typically lasts about 20–25 days, until the court hearing.
c. Permanent Restraining Order: Issued after a court hearing where both sides can present evidence. Despite the name, it lasts up to five years and can be renewed. It may include move-out orders, custody provisions, and other protections.
A domestic violence attorney can help you prepare a compelling declaration and support you at every stage of this process.
California law (Family Code § 3044) creates a rebuttable presumption that awarding sole or joint physical or legal custody to a person who has perpetrated domestic violence is detrimental to the child’s best interests. This presumption applies if the court finds by a preponderance of evidence that domestic violence occurred in the preceding five years. The abusive parent can attempt to rebut this presumption by demonstrating completion of a batterer’s intervention program, compliance with any probation terms, and other evidence of changed circumstances. If you are a survivor of domestic violence, working with a family court attorney who understands how to present this evidence is essential to protecting both you and your children.
Violating a court-issued restraining order is a criminal offense in California. If the protected person is in immediate danger, call 911. When you contact law enforcement, have your restraining order available keep a copy with you at all times and consider providing copies to your workplace, your children’s school, and trusted individuals. After reporting the violation, contact your domestic violence attorney to document the incident and explore whether a contempt of court action or modification of the order’s terms is appropriate. Every violation creates a record that strengthens the protected person’s position in both the family court and any related criminal proceedings.
A Certified Family Law Specialist (CFLS) is an attorney who has been formally certified by the State Bar of California Board of Legal Specialization. To obtain this certification, an attorney must demonstrate substantial involvement in family law matters, pass a rigorous written examination, provide references from fellow attorneys and judges, and complete ongoing continuing legal education requirements specific to family law. The certification is one of the highest credentials in the field and signals a depth of knowledge that goes well beyond general practice. When your case involves children, significant assets, domestic violence, or international elements, choosing an attorney with this level of demonstrated expertise can meaningfully affect your outcome.
California does allow parties to represent themselves in family law matters this is called appearing “in pro per” or “pro se.” For very simple, uncontested situations with no children and minimal shared assets, self-representation may be manageable. However, family law involves procedural rules, mandatory financial disclosure requirements, and substantive legal standards that are easy to get wrong. Errors in paperwork or missed deadlines can delay your case or result in orders that do not reflect your actual intentions. In contested matters especially those involving children, domestic violence, significant property, or international issues the consequences of proceeding without legal counsel can be long-lasting. A consultation with a family law attorney can help you understand what you are actually navigating before deciding how to proceed.
Mediation is a structured process in which a neutral third party the mediator helps disputing parties communicate and work toward a mutually acceptable resolution. In California, mediation is mandatory in all contested child custody and visitation disputes before the case goes to a judge. This is handled through Family Court Services, which operates in Los Angeles County courthouses including those serving Long Beach. Mediation for property division and financial matters is not mandatory but is often strongly encouraged. When parties reach an agreement in mediation, it is submitted to the court for approval, which typically results in faster resolution and less adversarial proceedings. Your attorney can prepare you for what to expect and continue advocating for your interests throughout the process.
Coming prepared to your first meeting makes the consultation far more productive. Bring as many of the following as are available and relevant to your situation:
You do not need to have everything organized perfectly. The goal of the initial consultation is to understand your situation, explain your legal options, and determine how to move forward in a way that protects your rights and your family.