Divorce – FAQs

1. Once I have filed for divorce, can I stop the proceeding if I reconcile with my partner?

Yes, you can file to have your petition for marital dissolution dismissed, but if you change your mind and choose to divorce, you must start the proceedings from the beginning, re-file the petition, and pay any filing fees. If you did not file the petition, then you cannot stop the divorce by yourself. You must convince the other party to file a dismissal.

2. Do I have to show my spouse was unfaithful, abusive, an addict, etc. for the court to grant my divorce?

No. In the past, such showings were necessary, but now that California is a no-fault divorce state, all you need to establish to the divorce court is that “irreconcilable differences” exist. Divorce courts take the filing party at its word, and will never deny a divorce because it feels that the differences between the parties are not irreconcilable. However, the behavior of a party during marriage may be relevant in determining issues such as child custody and child visitation rights.

3. Can I request child support, child custody, spousal support, visitation rights, or a domestic violence restraining order after filing for legal separation?

Yes. Filing for legal separation allows the parties to also request child custody, child support, spousal support, visitation rights, or a restraining order from the other party. It is in the family law court’s discretion to determine whether to acknowledge support obligations, or whether to issue a restraining order.

4. After filing for legal separation or divorce but before the final divorce judgment, can I transfer community property in my possession without the other party’s knowledge or consent?

No. Before the divorce court has divided the community estate and issued its final judgment, the parties still have a fiduciary duty to each other regarding the management of community property, which means that each party must actively defend each others’ interest in their shared estate even if the other party has possession of the community property. This duty applies even after legal separation or divorce proceedings have begun, and does not end until the final judgment of dissolution.

If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.