Paul P. Cheng, Esq., former prosecutor and a well-respected trial attorney in Southern California, highlights five important but often misunderstood aspects of California divorce law.
“Many clients come to us with common misconceptions,” Attorney Cheng explains. “For example, they may believe that property belongs to the person whose name is on the deed, or that a spouse’s wrongdoing automatically leads to a financial advantage. Correcting these misunderstandings is the first step in giving our clients the upper hand.”
1. Complex Property Division: Community vs. Separate Property
California is a community property state, meaning that most assets and debts acquired during the marriage are considered community property and are subject to equal division in divorce. This includes salaries, real estate investments, and even retirement accounts accumulated during the marriage.
At the same time, the law recognizes separate property—such as assets owned before marriage, inheritances, or gifts. However, determining what is truly separate can become complicated. For example, using separate funds to pay a mortgage on community property can blur the lines between categories.
Our attorneys specialize in tracing financial records, untangling commingled assets, and ensuring that your separate property is properly protected while securing a fair division of community property.
2. The Mandatory Waiting Period: Why Divorce Is Never “Instant”
Many people hope to finalize their divorce as quickly as possible, but California law imposes a mandatory six-month waiting period. This period begins once the divorce petition is filed and served, and no final judgment of divorce can be entered before it has elapsed.
Even if both parties agree on all terms immediately, the court cannot legally shorten this waiting period. The law is designed to provide a “cooling-off period,” giving spouses time to reflect on their decision while completing required steps such as financial disclosures and custody arrangements.
3. Spousal Support: Standards, Duration, and Legal Strategy
Spousal support—also known as alimony—is not automatically granted in every case. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably close to what they enjoyed during the marriage.
When determining support, courts weigh factors such as:
- The length of the marriage (with 10 years generally marking the line for “long-term” marriages)
- Each party’s income, earning capacity, and assets
- The supported spouse’s needs and the supporting spouse’s ability to pay
- The time needed for education or training to achieve self-sufficiency
4. No-Fault Divorce: Only “Irreconcilable Differences” Are Required
California follows the principle of no-fault divorce. This means you do not need to prove misconduct—such as infidelity or abuse—to obtain a divorce. The only legal ground is “irreconcilable differences” that have led to the breakdown of the marriage.
This approach helps reduce hostility and keeps the focus on resolving practical matters such as property division, child custody, and support. However, California also has residency requirements: one spouse must have lived in the state for at least six months, and in the filing county for at least three months, before filing.
5. Child Custody: Always Determined by the Child’s Best Interests
In custody disputes, California courts focus on a single guiding principle: the best interests of the child. Custody has two components:
- Legal Custody – The right to make major decisions about the child’s upbringing (education, healthcare, religious training, etc.)
- Physical Custody – Where the child lives and who provides day-to-day care
Importantly, until a court order is issued, both parents have equal custody rights. Custody arrangements can later be modified if circumstances change, with legal assistance often proving crucial in navigating these adjustments.
Professional Legal Guidance Is Essential
“Even a basic understanding of divorce law can help set expectations,” Attorney Cheng notes. “But every case has unique legal and factual nuances that can dramatically affect the outcome.”
From complex property division to custody planning, divorce in California requires a careful, detail-oriented approach. Choosing experienced legal representation is the first and most critical step to protecting your rights and achieving the best possible outcome for you and your family.
The Law Offices of Paul P. Cheng & Associates has decades of experience handling California family law cases. Our team combines compassion with aggressive advocacy, whether through negotiation, mediation, or trial.
Take the First Step Toward Protecting Your Future
If you are considering divorce, you do not have to face the complexities of California family law alone. Contact us today to schedule a free, confidential consultation. We will analyze your case, explain your rights, and develop a customized strategy designed to protect your interests and your family’s future.
Let our dedicated family law attorneys fight for your rights and safeguard the well-being of you and your loved ones.