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Divorce

Temecula, California Divorce Attorney

Representation in Divorce and Legal Separation throughout the Inland Valley

Having conflict within a marriage is always stressful; when that conflict requires legal action to resolve, it becomes even more challenging. When you need an attorney to help with your family conflict, you want to choose someone who will not only help you get the resolution you need but will reduce your stress in the process. At Roberts & Zatlin, we understand what you are going through when faced with the need for a divorce or legal separation in California. We meet you where you are in the process, whether you are beginning to explore your options, ready to file, or need to respond to a spouse’s filing. We help you identify your needs and give you the information you need to make the decisions that are best for you and your family, and help you to understand the likely consequences of each possible course of action. Lastly, we advocate for you, protecting your interests when you may not feel able to stand up for yourself.

Most people who come into our office have never been through a divorce, and are not sure what needs to happen next, which increases their stress. We find that it can be empowering to understand your options for a California divorce.

  • Thank you so much for helping me navigate my uncontested divorce! Highly recommend this law firm to anyone seeking help with a divorce. The pricing was fair, the staff were responsible and kind, and allowed me to be as involved as I wanted throughout the process.
    Jameela


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California Divorce Options

Divorce

When your marriage no longer works, divorce may be the only option. There are typically many issues that need to be resolved in a divorce. You and your spouse will need to divide your community property. If one of you needs financial support, alimony (called spousal support in California) must be discussed. If you have children, you will need to address the matters of custody, visitation, and child support.

Ideally, you and your spouse will be able to resolve these issues with your attorneys’ help and reach a settlement, which your divorce judge will incorporate into your divorce judgment. If you and your spouse cannot resolve all issues in your divorce, you may need to have a trial. You will present testimony and evidence to the court and the judge will make a decision.

Some people think they do not need a lawyer because they do not expect to have a contested divorce. Unfortunately, a dispute may often arise about an important issue; in that case, an uncontested divorce may become a contested one. Having a lawyer on your side from the beginning may prevent a dispute from flaring up or from getting out of control.

Having an experienced California divorce attorney is important. A skilled attorney can help you negotiate effectively; if negotiation doesn’t yield the result you need, your attorney will know what information to present in court, and how, to incline the judge to rule in your favor.

Summary Dissolution

Depending on your circumstances, you may be able to qualify for a simpler divorce option called a summary dissolution. In a summary dissolution, you do not need to go through a trial or hearing in order to end your marriage. In order to qualify for this streamlined process, you and your spouse or partner must:

  • Have been married less than five years;
  • Not have any minor children born to the two of you before or during your marriage or domestic partnership, nor any minor children you have adopted together, and must not be pregnant;
  • Not own any land or buildings, either separately or together;
  • Have only a limited amount of community property and separate property;
  • Have only a limited amount of debt;
  • Agree to waive alimony;
  • Agree to waive your right to appeal the summary dissolution.

Most people do not qualify for a summary dissolution, but if you do, you and your spouse file jointly. It is quicker than a standard divorce, but you will still need to wait for six months after your paperwork is filed for your divorce to be final. Although summary dissolution is in some ways simpler than a divorce, there is still a lot of paperwork. Having a knowledgeable attorney will help ensure that your paperwork is filled out properly and that you understand everything you are agreeing to.

  • Very kind, responsive and pricing was fair compared to what other attorneys and law firms were quoting. This firm really does know their stuff when it comes to divorce! I recommend them for sure, but hope I never have to go through another divorce.
    TJ P

Legal Separation

Divorce and summary dissolution both legally terminate a marriage. But there may be some situations in which you want to separate your life from your spouse’s, but stop short of legally ending the marriage. There are a number of reasons people may opt for legal separation, including:

  • Not wanting to end a marriage for religious reasons
  • Protecting access to a spouse’s insurance, military, or other benefits
  • A trial separation and possible reconciliation, before committing to ending the marriage

As in a divorce, in a legal separation, you and your spouse would divide property, resolve issues relating to child custody, support, and visitation, and establish spousal support if appropriate. The terms of a legal separation agreement can take effect immediately, unlike a divorce or summary dissolution which involves a waiting period.

Step-by-step guide to changing your name after divorce

Compassionate Counsel and Powerful Advocacy for Your California Divorce

Attorney Kim Roberts and Attorney Michael Zatlin concentrate their legal practice on California family law, including divorce and legal separation. With over 30 years of legal experience combined they have protected the rights and safety of numerous clients involved in domestic abuse cases. Kim and Michael stand up for clients when they are in jeopardy and is a powerful advocate at every stage of the legal process.

Roberts & Zatlin Family Law, located in Temecula, serves clients in Temecula, Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, and throughout the Inland Valley. We invite you to contact us to schedule a consultation to discuss your divorce or legal separation needs. We look forward to working with you.

Common Divorce FAQs

What is the difference between divorce, legal separation, and summary dissolution in California?

Divorce (dissolution of marriage) legally ends your marriage, restores you to single status, and allows you to remarry. Legal separation separates your finances and property but keeps you legally married – often chosen for religious reasons, insurance benefits, or during a trial reconciliation. Summary dissolution is a streamlined, lower-cost option for couples who meet strict qualifications: married less than five years, no minor children together, limited property and debt, and both agree to waive spousal support. Most couples do not qualify for summary dissolution, but if you do, it can be faster and simpler.

How long does it take to get a divorce in California?

California imposes a mandatory six-month waiting period from the date the responding spouse is served with divorce papers (or from the date the petition is filed if both sign). Your divorce is not final until after this period ends and the judge signs the judgment. However, a simple, uncontested divorce where both parties agree on everything might take approximately six to eight months total. Contested divorces – where you cannot agree on property, support, or custody – can take a year or longer. The waiting period is not negotiable, but having an experienced attorney can help avoid unnecessary delays.

Do I need to prove that my spouse did something wrong to get a divorce in California?

No. California is a “no-fault” divorce state. You do not need to prove adultery, abuse, abandonment, or any other wrongdoing. The only legal ground you need to state is “irreconcilable differences,” meaning you and your spouse have experienced an irremediable breakdown of the marriage. You can also cite “permanent legal incapacity to make decisions,” but the no-fault option is by far the most common. This approach reduces conflict and allows couples to focus on practical issues like dividing property and parenting plans rather than assigning blame.

How is property divided in a California divorce?

California is a community property state. This means that any assets or debts acquired during the marriage (with limited exceptions) are owned equally by both spouses and must be divided 50/50. Separate property – anything owned before the marriage, received as a gift or inheritance, or after the date of separation – generally remains with the original owner. Common community property includes: income earned during marriage, homes purchased together, retirement accounts accumulated during marriage, and vehicles bought while married. Determining what is community versus separate can become complex, especially with commingled assets, which is why having an attorney is essential.

What is the six-month waiting period, and can it be waived?

The six-month waiting period (often called the “cooling off” period) begins when the responding spouse is served with divorce papers or when both spouses sign a joint petition. The divorce cannot become final until that period expires. No, this waiting period cannot be waived by agreement, by the court, or for any reason – even if both spouses want an immediate divorce. It is a mandatory statutory requirement under California Family Code §2339. However, you can resolve property, support, and custody issues during this period so that everything is ready to be finalized as soon as the waiting period ends.

 Do I need an attorney if my divorce is uncontested and we agree on everything?

While you are not legally required to hire an attorney, it is still highly recommended. Many couples who start with an “amicable” divorce find that disputes arise unexpectedly over seemingly small issues like how to divide a retirement account or what “joint custody” actually means in practice. An attorney ensures that your agreement is legally enforceable, meets California’s requirements, and does not inadvertently waive important rights. Additionally, the paperwork for even an uncontested divorce is extensive – errors or omissions can delay your final judgment for months. Having one attorney (or each spouse with their own) is an investment in getting the divorce done correctly the first time.

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