Divorce, Custody or a Restraining Order in California? Get a Free Answer Right Now.
Maybe you were just served divorce papers and the clock is already running. Maybe you're scared for your kids, or scared to stay another night in your own home. California family law moves on hard deadlines — 30 days to file your Response, a restraining-order hearing set within 21 days, a six-month wait you can't skip — and one wrong move can cost you money, time, or custody. Before you sign anything or miss a date, call 1-844-690-0555. It's free, 24/7, and our AI assistant is trained on the California Family Code and the relevant federal law. We'll talk it through in plain English, in your language. This is legal information, not legal advice — and there's no charge to call.
Free legal information. Not legal advice. Available 24/7 across California.
Family Law in California — what to do right now
If you were served with divorce papers (Summons FL-110 and Petition FL-100), your most urgent fact is this: you have 30 calendar days to file a Response (FL-120). Miss it and your spouse can take a default judgment — the court can decide property, support and custody without your input. If instead you're in danger right now, you can ask any California Superior Court for an emergency (ex parte) Domestic Violence Restraining Order on form DV-100; the court can grant a temporary order (DV-110) the same or next day, with a full hearing set within 21 days. Either way, don't wait and don't guess at the forms — call 1-844-690-0555 free, any hour, and we'll walk you through exactly which form and deadline applies to you.
The law in California: Family Law
California is a pure no-fault divorce state — the first in the nation, since 1970. Under Family Code § 2310 you can only ask for a dissolution on the ground of 'irreconcilable differences' (§ 2311) — you do not, and legally cannot, prove adultery, abandonment or cruelty. Your spouse cannot stop the divorce by refusing to agree. But there's a residency gate (§ 2320): one of you must have lived in California for 6 months and in the filing county for 3 months before a judgment can be entered. File too early and you're pushed into a legal-separation-then-amend workaround.Every dissolution, custody, support and restraining-order case is filed in the Superior Court of California for your county — there is no separate statewide 'family court,' but each county's Superior Court runs a Family Law Division that hears these cases. You start with a Petition (FL-100); the other side has 30 days to respond (FL-120). And no matter how amicable or paperwork-perfect your case is, § 2339 imposes a 6-month-and-one-day minimum waiting period from the date your spouse was served or first appeared before your marriage can legally end. The court can extend that period for good cause but can never shorten it.
On money and children, California runs on bright-line rules. It's a community-property state: under §§ 760 and 2550 everything earned or acquired during the marriage — wages, a house, a business, stock options, retirement contributions — is presumed community property and is divided 50/50, regardless of whose name is on title (separate property under § 770 is what you owned before marriage, plus gifts and inheritances). Child support runs off the statewide guideline formula in § 4055, overhauled by SB 343, which took effect September 1, 2024. Spousal support is weighed against the 14 factors in § 4320, and under the § 4336 'ten-year rule' a marriage of 10 years or more lets the court keep jurisdiction over support indefinitely.
Custody is decided by the child's best interest (§§ 3011, 3020, 3040), with a stated policy of frequent and continuing contact with both parents — but safety overrides it. Under § 3044, if a parent perpetrated domestic violence in the past 5 years there's a rebuttable presumption that giving them sole or joint physical or legal custody is detrimental to the child, and the 'frequent contact' policy may NOT by itself rebut it. Restraining orders live in the Domestic Violence Prevention Act (§§ 6200–6409): a DVRO after hearing can last up to 5 years (§ 6345) and can be renewed for another 5 years or permanently. All of this is information you can get for free, right now, on a call — how it applies to your facts is a conversation for a California-licensed attorney.
Key Statutes (California Family Code)
- § 2310 / § 2311 — No-fault: divorce only on 'irreconcilable differences'; no proof of fault allowed
- § 2320 — Residency: 6 months in California + 3 months in the county before judgment
- §§ 760 / 770 / 2550 — Community property earned during marriage divided 50/50; separate property carved out
- § 4055 — Statewide guideline child-support formula (recalibrated by SB 343, eff. Sept 1, 2024)
- § 4320 / § 4336 — 14 spousal-support factors; the 'ten-year rule' for marriages of long duration
- § 3044 — Domestic-violence custody presumption (5-year lookback)
Courts & Agencies
- Superior Court of California, Family Law Division — your county's trial court for divorce, custody, support and DVROs
- Family Law Facilitator / Court Self-Help Center — free in-courthouse help with forms in every county
- Department of Child Support Services (DCSS) + county LCSA — establish, modify and enforce child support
- Child Support Commissioner — hears government (DCSS) support cases, not divorce or custody disputes
- Superior Court clerk's window — where you file a DV-100 to ask for same-/next-day emergency temporary orders
Deadlines & Outcomes
- 30 calendar days to file a Response (FL-120) — miss it and risk a default judgment
- 6-month + 1-day mandatory wait (§ 2339) before the marriage can legally end — unwaivable
- DV temporary order (DV-110) lasts 21–25 days; the full hearing must be set within 21 days (§ 245)
- Asset hidden with fraud, oppression or malice can be awarded 100% to the other spouse (§ 1101(h))
- Violating a DVRO is a separate crime — Penal Code § 273.6, up to 1 year county jail and/or $1,000 fine
The six-month wait nobody warns you about — and the 30-day clock that's already running
Here's what blindsides almost everyone: in California, even a fully agreed, perfectly documented divorce cannot finalize in under 6 months and 1 day (Family Code § 2339). There is no fast-track and no waiver — the clock starts the day your spouse is served or first appears. The flip side is just as ruthless: if YOU were served, you have only 30 days to file a Response, or your spouse can take a default judgment that decides your property, support and custody without you. People lose real leverage in those first 30 days simply because they didn't know the clock existed. You don't have to figure out which clock is ticking for you alone. Call 1-844-690-0555 — free, any hour, in your language — and we'll pin down your exact dates before one of them passes.
Likely outcomes & penalties
Family law outcomes aren't criminal penalties — they're financial and custody exposures, and in California many run on formulas and bright lines. Here's the realistic range of what's at stake.Mistakes to avoid
How it works
Free & low-cost Family Law help in California
If you want to handle part of this yourself or you can't afford a lawyer, California has strong free resources — official court self-help, statewide directories, and legal-aid organizations that specialize in divorce, custody and domestic violence. Start with these, then call us free if you want to talk it through.
FAQ — Family Law in California
How long does a divorce really take in California?
At minimum, 6 months and 1 day — Family Code § 2339 sets that as a hard floor from the date your spouse is served or first appears, and no court can shorten it even if you both agree on everything. A contested case takes much longer. That six months is the marital-status clock; property and custody issues can sometimes be wrapped up sooner or later. To find out where your specific dates fall, call 1-844-690-0555 free, any time, and we'll map your timeline in plain English.
I was just served with divorce papers — what do I do first?
Look at the Summons (FL-110) and start counting: you have 30 calendar days to file a Response (FL-120). If you miss it, your spouse can ask the court for a default judgment and decide property, support and custody without your input. Don't sign anything or agree to anything before you understand your rights. Call 1-844-690-0555 — it's free and open 24/7 — and we'll walk you through exactly which form to file and by when.
Does it matter that my spouse cheated or caused the divorce?
Legally, almost never. California is a pure no-fault state (§ 2310), so you can't even plead adultery or cruelty as a ground — the only ground is 'irreconcilable differences.' Misconduct is also generally irrelevant to how property is split and how support is set. There are narrow exceptions — for example, domestic violence affects custody and support — so it's worth checking your facts. Call 1-844-690-0555 free and we'll tell you what actually moves the needle in California.
How is property divided in a California divorce?
California is a community-property state: under §§ 760 and 2550, almost everything earned or acquired during the marriage — income, a home, a business, retirement, stock options — is presumed community property and split 50/50, no matter whose name is on it. What you owned before marriage, plus gifts and inheritances, is usually separate property (§ 770). Hiding an asset through fraud, oppression or malice can cost you 100% of it (§ 1101(h)). For how the line falls in your case, call 1-844-690-0555 free, 24/7.
How much will child support be?
California uses a statewide guideline formula (§ 4055) based on both parents' net incomes and how much time each of you has the kids. The formula was overhauled by SB 343, which took effect September 1, 2024 — it raised the low-income threshold and now splits add-on costs like childcare and uninsured medical by relative income. Because it's so fact-specific, a real number needs your actual figures. Call 1-844-690-0555 free and we'll explain how the current guideline applies to you.
What is the 'ten-year rule' for spousal support?
Under Family Code § 4336, a marriage of 10 years or more is a 'marriage of long duration,' which means the court can keep jurisdiction over spousal support indefinitely instead of setting a fixed end date. For marriages under 10 years, support commonly runs about half the length of the marriage. The actual amount is weighed against the 14 factors in § 4320. To see how the ten-year line affects you, call 1-844-690-0555 free, any hour.
How do I get an emergency restraining order in California?
You can ask any California Superior Court for a Domestic Violence Restraining Order using form DV-100, and the court can grant a temporary (ex parte) order — form DV-110 — the same or next business day. That temporary order lasts 21–25 days: the court must set a full hearing within 21 days (§ 245), and you have to show up. There's no filing fee and no lawyer required. If you're in danger right now, call 911 first; then call 1-844-690-0555 free to understand the DVRO process step by step.
I've been served with a restraining order — what are my rights?
You have the right to respond and be heard at the hearing, which is usually only days away. You file form DV-120 to tell your side, and you should be ready by the hearing date. The stakes are real: a final order can last up to 5 years (§ 6345), remove you from your home, take your firearm rights, and trigger the § 3044 custody presumption against you. Don't ignore it and don't miss the date. Call 1-844-690-0555 free, 24/7, to understand how to respond.
Can I get a divorce if my spouse won't agree or has left the state?
Yes. California doesn't require your spouse's consent — because it's no-fault, one person can dissolve the marriage. If your spouse can't be found or won't respond, there are routes like service by publication and, after the 30-day window, a default judgment. As long as the residency requirement is met (§ 2320), the case can move forward without their cooperation. Call 1-844-690-0555 free and we'll explain the path that fits your situation.
Do I have to live in California to file for divorce here?
To get a divorce judgment, one spouse must have been a California resident for at least 6 months and a resident of the filing county for at least 3 months before judgment (§ 2320). If you don't meet that yet, you can usually file for legal separation now and amend it to a divorce once you qualify, so you don't lose time. To check whether you meet the residency gate, call 1-844-690-0555 free, any time.
Is this free, and is it confidential — do you speak Spanish?
The call to 1-844-690-0555 is free, available 24/7, with no income test and no web form, and we can help in your language, including Spanish. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no attorney-client relationship — we're not a law firm and not a public defender. If your case needs a lawyer, we can help you book a paid consultation with a California-licensed family law attorney. Call any time.
What if my custody or domestic-violence issue crosses into immigration?
Family law and immigration are separate systems. Your divorce, custody and restraining-order case is decided by the California Superior Court under state law; immigration status is decided by federal authorities — USCIS and the immigration courts (EOIR) — not the family judge. A California DVRO can stand on its own regardless of either party's immigration status, and survivors may have separate federal options like a VAWA self-petition or a U visa. We can give you free legal information on the family-law side and flag when you also need immigration counsel. Call 1-844-690-0555 free, any hour.
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Are you a California-licensed family law attorney handling divorce, custody, support or domestic-violence matters? We connect callers across Los Angeles, the Bay Area, San Diego, the Inland Empire, Sacramento and the Central Valley with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your county and practice area, join our network. This is a path for attorneys only — it does not change the free, no-obligation help we give callers.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
A clock is probably already running. Call now.
Whether you've been served, you're worried about your kids, or you need to get out tonight, California family law won't wait — 30 days to respond, a restraining-order hearing within 21 days, a six-month wait you can't skip. The sooner you understand your deadlines, the more options you keep. Call 1-844-690-0555 right now — it's free, 24/7, and available in your language. You'll get clear legal information about your situation, with no charge and no attorney-client relationship, and if you want a lawyer we can help you book a paid consultation with a California-licensed attorney. One free call is the cheapest, fastest move you can make.
Free legal information. Not legal advice.