Couple on the brink of divorce

Divorce Lawyer

Divorces can be hostile, and if you're a man, you may face many disadvantages and stigmas that can hurt your chances of a positive outcome.

Our divorce lawyers aim to dispel these disadvantages so men can protect their assets, reputations, and children.

See how the attorneys at The Dadvocates help men throughout California achieve the best possible outcomes in their divorce proceedings...

Serving Communities Throughout California

Our divorce attorneys are proud to serve men throughout the following communities and beyond:
  • Bakersfield
  • Berkeley
  • Fresno
  • Los Angeles
  • Monterey
  • Oakland
  • Sacramento
  • San Diego
  • San Francisco
  • San Jose
  • Santa Barbara
  • Santa Rosa

Receive Convenient Legal Counsel

With Our Attorneys

Consultation

Much is at stake in a divorce and our family law attorneys can provide you with the knowledge and resources necessary to give you the best chances at obtaining a favorable outcome.

Our law firm serves men throughout California and we want to be accessible to you no matter where you live. To make our services more convenient, we allow potential clients to undergo online consultations and can sometimes handle entire divorce cases remotely. Request your consultation with our law practice today.

(818) 824-5800

Filing for Divorce In the State of California

Exploring Eligibility

Couple getting divorce information

Before you can file for divorce in the state of California, either you or your spouse must have lived in the state for at least six months and in the county where you are filing your divorce for at least three months. Once you have established residency, you may begin the divorce process.

No-Fault Divorce

Couple with divorce papers and rings

California is a no-fault divorce state, meaning the spouse filing for divorce doesn't have to prove that the other spouse did anything wrong. No spouse has to be blamed for the end of the marriage. It's legal to simply divorce on the grounds of irreconcilable differences.

Prioritizing Your Children What to Consider During Custody Disputes

The court is going to prioritize the comfort, safety, and wellbeing of your children when it comes to parenting and caregiving decisions. When choosing who will receive primary custody of children, courts will consider many factors, including:

  • Each parent's mental, physical, and emotional state
  • The safety and stability of each household
  • The wishes of the children, if they are old enough to express their preference

Our family law lawyers can give you the best chances at securing primary custody of your children when it serves their best interests.

Get the Representation You Need

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Divorce can be hostile enough as is, but when children are part of the equation, things can get particularly difficult. As a father, you want the best possible outcome for your kids, and that's an outcome where you're able to have a meaningful relationship with them, even if you are no longer married to their mother.

The Dadvocates is a law firm that is dedicated to the rights of fathers throughout California who want the best possible outcome for their divorce and other family law matters. If you could benefit from legal counsel, we want to hear from you. Request a consultation by filling out our contact form or call our main office serving men throughout California:

(818) 824-5800

Understanding the Divorce Process

Preparation

Before filing for divorce in the state of California, we recommend that you understand all of your options. For example, legal separation or annulment may better suit your situation.

Complete Forms

If you've decided to file for divorce, you will have to fill out several forms that give the court basic information about your marriage, property, assets, children, and more. We recommend consulting with an attorney during this step because what you choose to include on your forms can severely impact the outcome of your divorce case.

Filing the Petition

File your original forms and a copy of each with the court clerk in your county.

Serve Your Spouse

The law states that you must serve your spouse with a formal notice that a divorce has begun and copies of your completed court forms before a judge is able to make any orders or judgments. To serve your spouse with the papers, someone over the age of 18 who isn't you must deliver them. This could be a friend, relative, or process server.

File Proof of Service

You must now prove that you've served your spouse the necessary paperwork. To complete this step, the person who served the papers to your spouse must fill out a proof of service form to tell the judge when and how the papers were served.

Wait 30 Days

Your spouse has 30 days from the date they were served to file a response with the court clerk. If your spouse fails to file their response within 30 days, the court may issue a default judgment against them, meaning they will not be able to voice their preferences regarding family law matters and property division.

Reaching a Deal

If your spouse avoids default judgment by filing their response within 30 days, you will both be involved in resolving issues of child custody, child support, spousal support, and dividing community property.

Finalize Your Divorce

A judge will make sure everything has been filed correctly and you will receive your final divorce judgment.

What if I Can't Access My Spouse?

Some situations may arise in which serving your spouse is difficult. These situations may include:

  • You don't know where your spouse is
  • Your spouse is in the military or in jail
  • Your spouse is not living in the state of California

If you're having difficulties finding your spouse and delivering the court forms, our lawyers can help.

​Get Real Advice From Divorce Attorneys

​Who are Committed to Protecting the Interests of Men and Fathers

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Historically, men face disadvantages in court when families break apart. Our goal is to give men the representation they need to live comfortably and continue having healthy relationships with their children once their divorces have been finalized.

Our attorneys at The Dadvocates will tell you the facts and your chances of winning your case from the start. Let us help you uphold your reputation and live peacefully. Contact us to see what we can do for you:

(818) 824-5800

What Is Considered in a High Asset Divorce

Division of Assets

Properties, bank accounts, and businesses may need to be divided in a divorce. Our attorneys can help locate and determine the value of assets to distribute them equally.

Prenuptial Agreements

Any prenuptial agreement signed prior to getting married will need to be carefully reviewed to ensure the terms are valid. A prenuptial agreement can help avoid a lengthy court battle over financial matters.

Challenging a Prenuptial Agreement

It's possible to challenge a prenuptial agreement in many cases, including:

The agreement was not put into writing

The agreement was signed without access to legal representation

A spouse was coerced or misled into signing the prenup

A spouse did not accurately record their assets

Facing Domestic Violence Accusations? Our Attorneys Can Help Clear Your Name

Domestic violence and child abuse accusations can harm a man's chances of securing a positive outcome in their divorce. Our divorce attorneys can provide you with the defense necessary to combat these accusations should they arise during your divorce proceedings.

Past Abuse

Even if you and your spouse have had domestic abuse situations in the past, our attorneys can help you prove that you've addressed these issues and reformed. Our attorneys can even seek to modify or terminate a protection order so you can continue to be present in your children's lives.

False Allegations

False allegations of domestic violence sometimes arise in divorce proceedings, resulting in a negative outcome. Our divorce lawyers can fight these false accusations by providing a compelling defense to protect your reputation, freedom, and children.

Let Our Lawyers Clear Your Name

Handshake

If your spouse has made claims of domestic violence or child abuse against you, let our lawyers build a case to prove how you've reformed or to prove these accusations are false. We want to protect your reputation and improve your chances of having meaningful relationships with your children.

We understand that men may want to initiate the divorce process as soon as possible, so our attorneys are available after hours and on weekends. Request a consultation with our lawyers in California by calling:

(818) 824-5800

Men Can Be Victims of Domestic Violence

Our lawyers can help protect you and your children from an abusive spouse. If you fear for your safety, you may be able to obtain a temporary restraining order against your spouse when you file for divorce.
13.8% of men have experienced severe physical violence by an intimate partner in their lifetime. 28.5% of men have experienced rape, physical violence, of stalking by an intimate partner in their lifetime. 48.8% of men in the United States have experienced psychological aggression by an intimate partner in their lifetime.
According to the National Domestic Violence Hotline

Military Considerations

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Military divorces can be complex, so if you or your spouse are serving in the military, The Dadvocates can help you determine if you should file your divorce in California, handle paperwork if you or your spouse are currently deployed, and protect your interests when it comes to military compensation and benefits.

FAQ for Divorce in California

What Happens if My Spouse Refuses To Give Me a Divorce?

In California, it only takes one spouse to end a marriage, even if the other party doesn't agree. If your spouse refuses to participate in the case, you can still receive a default judgment and the divorce will be valid.

How Can I Keep the House in a Divorce?

If the house is separate property, whoever bought the house will get the house in the divorce; however, California is a community property state, meaning all shared property must be divided equally between two spouses. If you and your spouse bought the house together, you may sell the house and divide the profits, buy out your spouse by paying them their share, or win custody of your children and defer the sale of the home so you can continue to raise your children in an environment that's familiar to them.

How Long Does Divorce Take?

California law requires a mandatory waiting period, so divorces will take a minimum of six months from the date of the person filing for divorce serves their spouse the divorce papers. This six-month waiting period is mandatory even in cases where both parties agree to the divorce; however, the divorce process can take much longer, especially if there are child custody or property disputes.

What Should I Do After My Divorce?

After your divorce has been approved, there are several things you should think about, including changing the beneficiary on your will and life insurance policy, closing joint accounts, and informing your employer of your divorce so they can change your income tax withholding status.

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The Dadvocates

The Dadvocates are the only lawyers exclusively focused on protecting the rights of fathers. Our attorneys have received awards and prestigious recognitions from Super Lawyers, Avvo, and the National Academy of Family Law Attorneys. We assist dads in a variety of legal matters, including:

You can request a consultation with our firm by filling out our online form or calling (720) 749-2876.

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