FAQs

Not necessarily. California is a community property state, which means that in a divorce, assets and debts acquired during the marriage are generally divided equally. However, this doesn’t mean that everything is split 50/50 across the board.

A contested divorce means you and your spouse disagree on major issues like custody, support, or property. An uncontested divorce means you’ve reached an agreement on all terms. Uncontested is faster—but only smart if you’re confident you’re not giving away too much.

California has a mandatory six-month waiting period from the date the respondent is served. But depending on complexity, delays, and cooperation, it can take months—or even years.

At minimum, you’ll pay the court’s $435 filing fee. Attorney fees vary. Complex or contested cases cost more—but they also protect what matters most. We offer flexible strategies based on your priorities.

Yes. California is a no-fault divorce state. You don’t need your spouse’s agreement—just proper legal notice and procedure.

Not always. If you reach an agreement through mediation or settlement, your divorce can be finalized without ever setting foot in a courtroom.

Not exactly. California follows community property law, meaning assets acquired during marriage are split evenly—unless you prove something is separate. That’s where strategy matters.

Not necessarily, but it can affect the court’s perception. Judges want to preserve stability for children. Always consult before making moves during divorce.

No. Even in amicable divorces, each spouse’s interests can diverge. A lawyer can only ethically represent one party.

Sometimes, yes. The filing spouse can shape the narrative and choose the court’s jurisdiction. But strategy—not speed—should drive your decision.

It covers everything: property division, custody, visitation, support, debts. A well-written MSA protects you and prevents future disputes.

Judges apply the “best interest of the child” standard (Family Code §3011). Factors include parental involvement, stability, safety, and child preference (age-dependent).

Hiding assets is illegal. We use discovery tools, subpoenas, and forensic accountants to expose deception—and California courts can impose serious penalties.

Temporary support is often calculated by formula. Long-term (post-judgment) support is guided by Family Code §4320, which considers income, needs, length of marriage, and more.

Yes, if both parties agree. The court honors fair, voluntary agreements—even if not perfectly equal. But get it in writing.

If they don’t respond in 30 days, you may file a default judgment, which could allow you to proceed uncontested—within legal limits.

Often, yes. Mediation avoids the backlog of court calendars, reduces conflict, and can resolve cases in weeks—not years.

You’ll get clarity. Not fluff. We’ll map out your options, risks, and next moves—whether or not you hire us. No pressure. Just strategy.

Yes. You get direct attorney involvement—not just assistants. We take pride in hands-on representation, especially for complex or high-stakes divorces.

We tailor billing to the case. Some uncontested matters qualify for flat fees. Most litigation is billed hourly—with full transparency.

Yes, if jurisdictional requirements are met. We regularly handle cases throughout the Central Coast and can advise on venue strategy.

Strategy + clarity. We don’t sell fluff. We simplify chaos, map your outcome, and protect what matters—with honesty and focus.

Yes—if there’s a material change in circumstances. Custody, support, and visitation can be modified. Property division, usually not.

We can help enforce it through contempt proceedings, wage garnishment, or court action. Delays weaken your position—act fast.

Absolutely. If your income or needs changed—or your ex’s did—you may be eligible. We assess, file, and advocate for adjustments.

Yes. “Move-away” cases are complex and emotionally charged. Courts scrutinize your intent and impact on the child. Plan before you act.

Spousal support, also called alimony, is a court-ordered payment from one spouse to another after separation or divorce. It helps the lower-earning spouse maintain a standard of living post-marriage.

Child support is for your children’s expenses and is mandatory. Spousal support is for your ex-spouse and may be temporary or long-term, depending on circumstances.

Either spouse can request support. The court considers income, earning capacity, length of marriage, and other factors under Family Code §4320.

For marriages under 10 years, it typically lasts half the length of the marriage. For marriages over 10 years (“long-term”), duration is open-ended unless agreed otherwise.

No. You must request it during the divorce. A judge then evaluates your case and may award temporary or permanent support depending on the circumstances.

Yes. Misconduct like cheating generally doesn’t affect support, though domestic violence can influence it under FC §4320(i).

Temporary (pre-judgment) support is usually based on local guidelines using programs like Dissomaster and income disclosures.

Yes. If both spouses earn similarly, or the requesting spouse doesn’t need support, the court can deny it.

The judge applies Family Code §4320: income, age, health, marriage length, earning potential, and lifestyle during marriage all matter. It’s not a formula—it’s a strategy.

Maybe not. If your income changes significantly, you can request a modification under FC §3651, but the court will evaluate your overall ability to pay.

Possibly, but the court may impute income if they’re capable of working and choose not to. Each case is unique.

No—not if your divorce was finalized after Jan 1, 2019. The payor no longer deducts it, and the recipient doesn’t report it as income under the Tax Cuts and Jobs Act.

Yes. You can agree to terms through mediation or settlement. We can help draft enforceable agreements outside court.

They’re separate issues, but financial need and asset division may influence final support outcomes.

Yes, but it must be knowing, voluntary, and not unconscionable. Waivers are usually part of prenups or MSAs.

Possibly. Under FC §2641, you may be entitled to reimbursement for educational contributions that increased your spouse’s earning capacity.

You file a Request for Order (RFO) with financial disclosures. We’ll help prepare everything to position your case with clarity and leverage.

We understand both the numbers and the narrative. Whether you’re seeking support or trying to limit it, we create a statute-based, judge-focused strategy that speaks their language.

Absolutely. If your ex is remarried, cohabiting, or your financial situation changed, we can file for modification or termination.

Act quickly. Delays can lead to interest, wage garnishment, or contempt. We can help negotiate, modify, or protect you from court enforcement.

Yes. Our initial strategy sessions are transparent, strategic, and focused on outcomes—not billing surprises.

File an RFO showing a material change in circumstance—like job loss, illness, or a rise in your ex’s income. We’ll build the legal and financial foundation for a strong request.

Cohabitation can be grounds to reduce or terminate support under FC §4323. Courts assume they share expenses—but we still need solid evidence.

You can use contempt filings, wage garnishments, property liens, or interest accrual. We’ll help you recover what you’re owed—fast.

Yes, but enforcement depends on full disclosure, independent counsel, and fairness. Let us draft terms that hold up in court.

Child support is a court-ordered payment from one parent to the other to cover a child’s financial needs, including food, housing, healthcare, and education.

California uses a strict formula based on income, time spent with the child, tax status, and deductions—computed by software like Dissomaster or XSpouse.

Yes. Even if both parents agree to waive it, the court may still require payment to protect the child’s best interests.

Typically, the non-custodial parent pays the custodial parent. But if parenting time and income are shared equally, it can be adjusted or waived.

Not automatically. California child support generally ends at age 18 or 19 if still in high school, unless otherwise agreed upon in a court order or parenting plan.

Possibly. The court factors income disparity—not just time. If one parent earns significantly more, support is still likely.

Yes, but only if both parents sign a formal agreement (stipulation) that’s filed with the court and legally enforceable.

No. Child support is not deductible for the paying parent and not considered income for the receiving parent.

Yes. If there’s a change in income, custody, or expenses, you can file a Request for Order (RFO) to increase or decrease support.

California courts enforce support orders through wage garnishment, license suspension, property liens, or contempt.

Yes—until you file for a modification. You must prove a material change in circumstances. Don’t wait, or arrears can add up fast.

Technically yes, but courts rarely allow it unless it clearly serves the child’s best interest and no public assistance is involved.

Usually no—unless there’s an attempt to hide or manipulate income, or the child’s basic needs are at risk.

Maybe. Courts may adjust support obligations based on overall dependents, but it depends on your exact financials and custody.

Every three years, or whenever there’s a significant change. Either party can request a review and modification.

Not usually. Support modifications only take effect from the filing date of the request, not before.

You can file a Request for Order (RFO) with income and expense declarations. We help ensure your filings are accurate, persuasive, and prompt.

We don’t just run numbers—we tell your story. From hidden income to parenting time disputes, we create strategic filings that judges listen to.

Yes. If your income dropped or your ex’s income increased, we’ll build a compelling modification case backed by evidence and law.

Pay stubs, tax returns, custody schedules, daycare/medical expenses, and any proof of changes in income or time-sharing.

Absolutely. We can help you settle fairly and still get a court-enforceable order—without unnecessary litigation.

File an enforcement motion through the court or use the Department of Child Support Services (DCSS). We also use contempt and wage garnishments for fast results.

California can enforce orders across state lines under the Uniform Interstate Family Support Act (UIFSA). We’ll pursue enforcement wherever they are.

Yes. If you willfully avoid payments, you can be held in contempt of court, fined, or even jailed. Don’t wait—call us to fix it.

Yes—especially if your financial situation or custody time changed. We can file for modification or enforcement even after years have passed.

Legal custody means the right to make decisions about your child’s health, education, and welfare. Physical custody means where the child lives. Both can be joint or sole.

It’s the guiding legal standard. Judges look at safety, stability, co-parenting, emotional ties, and sometimes the child’s own wishes (if age-appropriate).

Yes. California law doesn’t favor mothers or fathers. Custody is based on parenting ability, involvement, and the child’s needs—not gender.

You can request sole custody, but the court usually encourages shared parenting unless there’s a risk to the child’s wellbeing, such as abuse, neglect, or addiction.

A parenting plan outlines custody, visitation, holidays, and communication. If both parents agree, it can become a court order—otherwise the judge decides.

Not without a court’s permission if there’s an existing custody order. Move-away cases are highly scrutinized and require a compelling reason.

Yes. Even if you agree, the court must approve and sign off to make it legally binding and enforceable.

Sometimes. Children 14 and older may express a preference, but the court still weighs all other factors under Family Code §3042.

It depends on your situation. Judges prefer joint legal custody when both parents are fit. Sole custody may be appropriate if there’s risk or dysfunction.

Parental alienation is taken seriously. Courts can order counseling, supervised visits, or modify custody to protect the child’s relationship with both parents.

It’s based on availability, stability, past involvement, school schedules, and geography. Judges prefer frequent, consistent contact with both parents.

You can file an enforcement motion or request a modification. Judges take violations seriously—especially repeated or intentional ones.

Yes. If there’s a significant change in circumstances, you can request a modification under Family Code §3022.

Only if both parents agree in writing and submit the change for court approval. Otherwise, you need to file a formal request.

No. If there’s no court order, either parent can technically withhold the child—but this can be risky and used against them later in court.

It’s when a neutral third party monitors visits to ensure the child’s safety—typically used in cases involving abuse, addiction, or reunification.

You file form FL-300 (Request for Order) and supporting documents. We help you build a strong case with declarations, evidence, and parenting plans.

We don’t just “file papers”—we strategize outcomes. With Cameron M. Fernandez, you get real courtroom experience, emotional clarity, and tactical precision.

Yes. If your child is in immediate danger, you can request emergency orders (ex parte). These are granted quickly—but require strong documentation.

Absolutely. We specialize in complex, contested custody—especially involving narcissistic co-parents, alienation, or relocation.

Yes. Through mediation or private negotiation, we can craft a customized plan—and file it with the court for approval.

File a modification request showing how the change impacts your ability to parent—and propose a realistic new schedule.

Keep records and file for enforcement or contempt. We help you gather proof and request makeup time or sanctions.

No. You must follow the court order. But if the child’s refusal is persistent, we can file to reevaluate the arrangement.

Yes. We handle multi-county custody disputes across the Central Coast and help you evaluate jurisdictional advantage.

Yes—under Family Code §3104, California courts may grant reasonable visitation if it’s in the child’s best interest and there’s an existing bond between grandparent and grandchild.

In rare cases. If both parents are unfit or absent, you may file for custody. Courts prioritize parents, but will consider custody if it protects the child.

Only if parents are divorced, separated, or one is deceased. If the family is intact, grandparents generally can’t file, unless exceptional circumstances exist.

Possibly. You’ll need to show a pre-existing relationship and that visitation is in the child’s best interest, even if a parent objects.

Mostly yes. Courts rarely override unified parental authority—but if there’s harm, abuse, or alienation, exceptions may apply.

It’s highly recommended. These cases are emotional, nuanced, and burden of proof is on you.

Courts look at emotional bond, consistency, and harm from losing contact—not just your desire to be involved.

If adopted by a stepparent, maybe. If by a non-relative, grandparent rights usually end.

Yes. Courts strongly consider established caregiving roles, especially if you provided day-to-day support.

Yes. You may be able to get visitation rights, especially if the surviving parent is preventing contact.

Yes. Courts may also consider the child’s preferences, particularly if they’re 14 or older.

You can file a Request for Order (RFO) to formalize visitation and protect your access legally.

Photos, communication logs, testimony, witness statements, school pick-up history—anything proving consistent involvement and a strong bond.

Possibly. If both parents are absent or incapable, you may be able to petition for guardianship or custody.

No—but the court weighs the parent’s wishes heavily unless you prove that contact is critical to the child’s well-being.

Maybe. A reunified family can terminate visitation, unless the court finds that ending contact would harm the child.

File form FL-300 (Request for Order) and supporting declarations. We’ll help build a strategic, evidence-based case.

We combine compassion + courtroom strategy. These cases are delicate—we protect your bond while meeting the legal burden.

Not common, but possible if the child is in danger or emotionally distressed. Emergency filings must show immediate harm.

Yes. We help grandparents across county lines or out of state, provided California has jurisdiction over the child.

No. If a non-relative adopts the child, your rights typically end unless prior visitation was court-ordered.

Yes. If your bond strengthens or if a parent’s situation changes, you can request a modification.

You can file for enforcement through the court. Continued violations can result in sanctions or contempt.

Yes—if both parents are unfit, you can file for guardianship or non-parent custody under Family Code §3041.

Yes. We assess the legal landscape, rebuild your case with evidence, and help open the door through mediation or court.

Yes. If circumstances have changed, you can request a modification to better reflect your child’s current best interests.

Common reasons include relocation, job loss, changes in parenting behavior, substance abuse, or evolving child needs.

If your income has changed or your ex-spouse has remarried, cohabited, or become self-sufficient, you may qualify to modify.

Child support is easier—you only need a material financial change. Custody requires proof that the change benefits the child.

Yes—if both parties agree. We draft and submit a stipulated agreement for court approval, skipping a formal hearing.

While not required, an attorney ensures you file correctly, avoid delays, and don’t unknowingly give up important rights.

Yes. Parentage (paternity) cases allow for modification of custody, visitation, and support, even if you were never married.

Arrears (back payments) will still be owed in full, and interest accrues at 10% annually. You must file to modify before stopping payments.

You file Form FL-300 (Request for Order) with your local court, outlining the changes and explaining why modification is necessary.

It depends on your court’s schedule. Most cases are heard within 30–90 days from filing, but urgent matters can be expedited.

Pay stubs, tax returns, custody calendars, proof of relocation, school/medical records, or any documents proving a significant change.

They can oppose the request, but they can’t stop you from filing. The court will decide based on the child’s best interest.

Both sides present their evidence. The judge may ask questions and issue a new order or request further information.

Yes. In urgent cases, we file for emergency temporary orders (ex parte) to protect children or finances before the main hearing.

Yes—but the court won’t lower support retroactively unless you file promptly. We recommend filing immediately after income loss.

Yes. Support is based on both parties’ current income. We may request income disclosure or subpoenas to confirm changes.

Yes. As children age, their schedules, needs, and relationships evolve. Courts support age-appropriate parenting modifications.

Possibly. Spousal support is no longer tax-deductible (post-2019). We help you understand the financial impact of proposed changes.

You must file for a “move-away” modification. Courts assess whether the relocation supports or disrupts the child’s stability.

Yes. Court orders remain modifiable as long as legal circumstances justify it—especially for child-related terms.

Either works. California Department of Child Support Services (DCSS) can help, or we can file directly with the court for faster results.

We help locate them through skip tracing and alternative service methods so you can proceed legally.

Absolutely. From strategy to paperwork to court, we handle everything—including evidence gathering, filing, negotiation, and litigation.

Yes. Custody, support, and visitation orders are always modifiable as long as a new change arises.

Yes. We handle enforcement through wage garnishment, contempt, or court sanctions if your ex violates modified orders.

Mediation is a voluntary, non-adversarial process where a neutral third-party helps couples reach mutual agreements on divorce terms—without going to trial.

Yes—for child custody and visitation disputes, mediation is required before a judge hears the case. For other issues, it’s voluntary.

Mediation is typically faster, less expensive, and less stressful than litigation. It gives you more control over outcomes and can preserve co-parenting relationships.

Mediators may be attorneys, therapists, or retired judges trained in family law and conflict resolution. We offer private, confidential mediation sessions.

Court mediation is limited to custody/visitation and often free. Private mediation covers all divorce issues and offers more flexibility and confidentiality.

Yes. Under Evidence Code §1119, mediation communications are privileged and confidential, unless both parties agree otherwise.

It’s recommended. A mediator doesn’t represent either party. We can advise you privately or mediate the case neutrally if both parties agree.

Absolutely. Mediation is available to all couples, regardless of gender, marital status, or parenting structure.

Nearly everything: child custody, parenting plans, child support, spousal support, property division, debt allocation, and even post-divorce disputes.

Yes. Mediation often starts with partial agreement. We guide couples through issue-by-issue negotiation to reach resolution.

You retain the right to go to court. Nothing said in mediation can be used against you unless there’s a written agreement.

Once a written agreement is signed and filed with the court, it becomes a legally enforceable court order.

It varies. Many cases resolve in 2–5 sessions depending on complexity, emotional dynamics, and financial disclosures.

Possibly. We assess power imbalances and use structured processes. In some cases, litigation may be safer.

Yes. We offer secure virtual mediation, allowing full participation from home, out of state, or even different countries.

If you and your spouse can communicate with help, want to save time and money, and prioritize your children’s well-being—it’s likely a great fit.

Call us or schedule online. We’ll begin with an intake call, provide clear pricing, and begin customizing your session schedule.

We combine deep legal knowledge, emotional intelligence, and proven structure. Our mediators are also trial attorneys, so your agreements are enforceable.

Yes. Mediation can start before, during, or after filing. You can pause litigation and attempt resolution at any time.

Yes. In fact, mediation is often more effective than court in creating customized parenting plans that courts can’t offer.

Yes. We offer mediation + full document preparation, ensuring your agreements are formalized and submitted to the court properly.

Yes. Mediation is an excellent option for post-divorce modifications like schedule changes or updated financial circumstances.

Yes. You can mediate any ongoing issue post-divorce (e.g., parenting disputes, spousal support updates, holiday schedule conflicts).

Absolutely. We offer ongoing mediation for evolving co-parenting, asset management, and future challenges.

Yes. We offer legal review of mediated settlements, even if another mediator helped you. This protects you before filing with the court.