FAQs

• What are the grounds for dissolution of marriage in California?
• How long do I have to be a California resident before filing for divorce?
• What are “ATRO’s?”
• How will our property be divided?
• What kinds of community property am I likely to own?
• Who will divide our community property?
• What is spousal support?
• How will child custody be determined?
• Who will pay to support our children?
• What is the soonest that I could be divorced?
• Can we still file a joint tax return if we have filed for divorce?

Listed below are answers to questions frequently encountered by the family law attorneys at Richard Ross Associates as they help individuals and families in Oxnard, Ventura County, and Los Angeles in divorce and related matters.  If you have a specific question regarding your particular situation, or if you need advice and representation in a divorce or modification to an existing court order, contact Richard Ross Associates for immediate assistance.

Q.  What are the grounds for dissolution of marriage in California?

A.  There are two: Irreconcilable differences & incurable insanity.  The no-fault ground of irreconcilable differences requires the court to determine that there are substantial reasons for dissolving the marriage.

Q.  How long do I have to be a California resident before filing for divorce?

A.  You must be a resident of California for 6 months and of the County where you file for 3 months.

Q.  What are “ATRO’s?” 

A.  ATRO's stands for Automatic Temporary Restraining Orders.  They become effective against the Petitioner upon filing the Petition and effective upon the Respondent upon being served with the Petition or upon filing a Response, whichever occurs first.  Generally, the ATRO’s prohibit parties from removing their minor children from the State of California without either the other spouse's approval or an order of the Court; from disposing of property except in the regular course of business, without the other spouse's or court's approval; and canceling or changing insurance policies.

Q.  How will our property be divided?

A.  California is a community property state.  Everything you own is either "community property" or "separate property."

Community Property

Community property is all property located in or out of the State that either you or your spouse obtains through your labor or skills during marriage, as well as most debts incurred during your marriage.  Each spouse owns one-half of the community property.  It is divided between you and your spouse during dissolution.

Separate Property

Separate property includes real estate, money, furniture, or any other belongings --- and any interest, rent or profits received from these items --- that you or your spouse owned before you married or acquired after the date of separation with separate earnings, as well as inheritances that one of you received either before or during the marriage.  It also includes certain gifts to you only --- not to you and your spouse. Separate property is generally not divided during dissolution.

Community property possessions and community property debts are divided equally unless you and your spouse agree to an unequal division.

NOTE: If your spouse agrees to pay a community property debt and then fails to do so, the debt still must be settled and you may have to pay. If this happens, you later may be able to sue your spouse for the money.

Q.  What kinds of community property am I likely to own?

A.  Many married couples own real estate, furniture, appliances, and a car as community property. Additionally, you both may have cash in checking and savings accounts, stocks and bonds, IRAs, pension and profit-sharing plans, life insurance policies, tax refunds, or a business.

Q.  Who will divide our community property?

A.  You and your spouse can decide how to divide your community property.  However, if you and your spouse cannot come to a mutual decision regarding the division of your community property, a judge makes the decision.  Your belongings will be divided equally unless there are unusual circumstances.  Also, a judge may not divide each asset, but instead give one spouse the asset with the other spouse receiving equal value in another asset or cash.

Q.  What is spousal support?

A.  Spousal support is the name for alimony in California. No matter what you call it, spousal support is money that one spouse pays to help support the other after a dissolution has been filed. There are two types of spousal support.  Temporary support is ordered to help preserve the status quo during the litigation.  Long term, sometimes called judgment or permanent support, is issued at the time of trial or pursuant to a property settlement agreement.  Generally, this type of support considers the standard of living that you had during the marriage. In addition, the judge will consider each spouse's age, health, earning capacity and job history. The length of the marriage is also a factor.

Q.  How will child custody be determined?

A.  The best solution is for you and the other parent to agree on who will take care of the children.  If you cannot, the judge will make the decision based on what is in the best interests of the children.  In most counties, you and your spouse are required to attend mediation. In Ventura County, the mediator makes a recommendation to the judge on the custody and visitation issues, if you and your spouse cannot come to an agreement.  In some other counties, such as Los Angeles, the mediation is confidential, and no recommendation is made by the mediator.

Please see the Child Custody section of our website for more information on different types of custody.

Q.  Who will pay to support our children?

A.  You and the other parent are both legally responsible for supporting your children.  A judge usually will say how much each of you should pay in child support.  Among other things, the decision will be based on how much time each of you spends taking care of the children, as well as how much money each of you earns.

Q.  What is the soonest that I could be divorced?

A.  The Court could award dissolution of marriage no sooner than 6 months after Respondent is served with the Petition or files a Response, whichever is sooner.

Q. Can we still file a joint tax return if we have filed for divorce?

A.  If you have not received a Judgment dissolving your marriage before the end of the year, you may file an individual tax return (married, filing separately), or a joint tax return with your spouse.  You should consult with your accountant as to the advantages of these alternatives.  You may obtain from your local IRS Office special information booklets regarding "Tax Information for Divorced Individuals."