Divorce
Divorce marks a significant transition—not just legally, but emotionally, financially, and personally. For modern families, where relationships come in many forms and evolve over time, divorce can be as complex as it is life-changing. At Enright Family Law, we help individuals and families in navigate the divorce process with dignity, clarity, and a legal strategy that reflects today’s realities.
Whether you’re ending a short marriage, dissolving a long-term partnership, or parting ways while continuing to co-parent, we understand that no two divorces are the same. Our goal is to guide you through each stage of the process with the legal insight and personal care you deserve.
Understanding Divorce in California
California is a “no-fault” divorce state, meaning you do not need to prove wrongdoing by your spouse in order to file. The most common legal grounds for divorce are irreconcilable differences—a broad term that reflects the breakdown of the marriage.
You may also hear the term dissolution of marriage, which is the legal name for divorce in California.
To file for divorce in California, you or your spouse must meet the following residency requirements:
- You must have lived in California for at least six months
- You must have lived in the county where you are filing for at least three months
If you don’t yet meet the residency requirement, you may still file for a legal separation and convert it to a divorce once the time requirements are met.
The Basic Divorce Process
Here is an overview of how divorce typically works in California:
1. Filing the Petition
One spouse (the “petitioner”) files a Petition for Dissolution of Marriage and serves it to the other spouse (the “respondent”).
2. Response
The respondent has 30 days to file a Response with the court.
3. Financial Disclosures
Both parties must complete and exchange preliminary financial disclosures, which include income, expenses, assets, and debts. Full transparency is required.
4. Temporary Orders
If needed, the court can issue temporary orders to manage issues like child custody, support, or use of the home while the divorce is pending.
5. Negotiation or Mediation
Many couples resolve their divorce outside of court through settlement negotiations or mediation, avoiding the need for trial.
6. Final Judgment
Once all terms are agreed upon (or decided by the court), the divorce is finalized with a Judgment of Dissolution. The soonest a divorce can be finalized is six months after the initial petition is served.
At Enright Family Law, we help our clients move through each step with confidence and clarity—whether the divorce is amicable or contested.
Key Issues in Divorce
Each divorce is unique, but most involve resolution of the following major issues:
1. Property Division
California is a community property state, meaning that any income or property acquired during the marriage is considered jointly owned and must be divided equally. Separate property (owned before marriage or inherited) typically remains with the original owner.
Dividing property may involve:
- Real estate (homes, rental properties)
- Bank accounts and investments
- Retirement accounts
- Businesses or professional practices
- Debts and liabilities
2. Child Custody and Visitation
If children are involved, custody arrangements must be made. This includes both:
- Legal custody: who makes decisions about the child’s education, health, and welfare
- Physical custody: where the child lives and the visitation schedule
Courts base these decisions on the best interest of the child.
3. Child Support
The court uses a formula to calculate child support based on both parents’ income, time spent with the child, and expenses like healthcare and daycare.
4. Spousal Support (Alimony)
One spouse may be required to pay the other temporary or permanent spousal support to help maintain financial stability after the divorce, especially if there’s an income disparity.
The duration and amount of support depend on many factors, including the length of the marriage and the receiving spouse’s ability to become self-supporting.
Uncontested vs. Contested Divorce
Uncontested Divorce
An uncontested divorce means both spouses agree on all terms—custody, support, and property division. This route is typically faster, more affordable, and less stressful. It can often be resolved through mediation or direct negotiation.
Contested Divorce
A contested divorce occurs when spouses disagree on one or more issues. This may require formal discovery, court hearings, or a trial. Contested divorces take longer and often involve more legal complexity.
Whether you expect a straightforward process or anticipate disagreements, having an experienced family law attorney can make a significant difference in protecting your interests./
Divorce and Modern Families
At Enright Family Law, we specialize in serving modern families. That includes:- LGBTQ+ couples and same-sex marriage dissolution
- Unmarried domestic partners with shared property or children
- Long-term co-parents seeking to formalize arrangements
- Blended families with stepchildren and shared custody
- Professionals with high-value assets or business interests
We understand that every relationship—and every family—is different. Our legal strategies are tailored to reflect your goals, values, and the real-life dynamics of your household.
Alternatives to Litigation
Litigation isn’t always necessary—or even the best path forward. In many cases, collaborative approaches work better.
Mediation
A neutral third party helps the couple work through issues and reach mutual agreements. Mediation can be especially effective for parents who want to preserve a working relationship post-divorce.
Collaborative Divorce
Each spouse retains a collaboratively trained attorney and agrees to resolve the divorce without going to court. Other professionals, such as financial advisors or therapists, may be involved.
Negotiated Settlement
Even in contested divorces, parties can reach an agreement through skilled negotiation, often avoiding trial.
We offer and encourage these alternatives when appropriate, but are fully prepared to litigate when necessary to protect your rights.
How We Can Help
At Enright Family Law, we believe that divorce should be handled with honesty, intelligence, and empathy. We serve clients throughout who are looking for modern, thoughtful solutions to one of life’s most challenging transitions.
We can help you:- Understand your rights and responsibilities
- Navigate property, custody, and support issues
- Draft and negotiate fair settlement agreements
- File all required documents and represent you in court
- Explore alternatives to litigation like mediation or collaborative divorce
- Protect your future while preserving your dignity
Whether your divorce is amicable, complex, or high-conflict, we’re here to guide you with experience, care, and commitment to what matters most—your family’s well-being and your long-term stability.
Contact Enright Family Law today to schedule a consultation and take the first step toward your next chapter.