Frequently Asked Questions About Divorce

The Law Office of Michael P. McDeavitt represents clients in divorce and related family law legal matters. If you have questions about divorce, we invite you to read the information below or to contact our office to discuss your questions with an attorney.

Divorce FAQs

How long does a divorce take?

While every divorce case is different, in California there is a mandatory six-month waiting period. That means a couple must wait at least six months after the respondent is served or appears in court before their divorce case is finalized. However, if you are able to work with your spouse, it is possible to submit a proposed judgment to the court prior to that date resolving all issues in your case. The court would then restore you to single status once the statutory six-month window has passed without you ever having to appear in court.

Do I have to prove fault in order to get a divorce in California?

No. It is not necessary to prove that one party is at fault or did something wrong in order to get a divorce.

Is mediation an option in my divorce?

Mediation may be an effective means of settling your divorce-related disputes. Mediation encourages divorcing spouses to work together to come to an agreement on all applicable issues such as custody, support, property division, etc.

When mediation is not successful, we can help you identify other options. If necessary, we can aggressively represent your interests in court.

My circumstances have changed. Can a divorce decree be modified?

Yes. A significant change in life circumstances — the loss of a job, a change in income, remarriage, etc. — may warrant a modification of child custody, child support or spousal support. We can discuss whether pursuing a modification is a viable option for you.

How is child support determined?

Child support in California is determined using a complex formula commonly referred to as the DissoMaster program. There are a number of factors considered, including the disposable income of each parent, the amount of time spent with the child, expenses, taxes and more.

Our law firm will take into consideration any additional factors that may influence the amount of child support you may receive or may be required to pay.

Additional Questions? Please Contact Us.

Call us at 925-271-4454. We represent clients in the Tri-Valley and throughout the East Bay.