When people start thinking about divorce or separation, there are a lot of questions that start popping up.
Am I going to need a lawyer?
How will we negotiate custody?
What do I do next?
We want to help you gain some clarity during this stressful time. With this blog, we’re answering the questions most people ask when looking for a family law attorney.
Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship with The Law Office of David C. Watts. Because every family law case is different, you should speak with an attorney about your specific circumstances before taking action.
Do Family Law Attorneys Deal with Custody?
Yes. A family law attorney routinely handles child custody and visitation issues. Even in uncontested divorces, custody is one of the most important (and sensitive) parts of the process.
When parents agree, an attorney can help:
- Draft a legally sound parenting plan
- Ensure the agreement meets California court requirements
- Anticipate future issues and reduce the risk of returning to court
When parents do not agree, custody becomes more complex. Courts focus on the best interests of the child, not the preferences of either parent. In these cases, having an experienced family law attorney can be critical.
Do I Need a Lawyer If We Agree on Everything?
Not always, but many couples still choose to work with a family law attorney even when the divorce is uncontested.
If you and your spouse agree on:
- Property division
- Custody and visitation
- Child support (if applicable)
- Spousal support
You may be able to move forward without litigation. However, the court still requires properly prepared and filed documents. Errors or omissions can delay your case or cause the court to reject your paperwork.
A family law attorney can:
- Prepare or review agreements
- File documents correctly the first time
- Keep the process efficient and low-conflict
Many people hire an attorney not because they’re fighting, but because they want peace of mind.
What If We Have Kids?
If you have children, the court requires more than just a divorce agreement. You must submit a parenting plan that addresses:
- Legal custody (decision-making authority)
- Physical custody (where the children live)
- A visitation schedule
Even when parents agree, the court will review the plan to ensure it serves the child’s best interests. A family law attorney helps make sure your agreement:
- Is clear and enforceable
- Avoids vague or conflicting language
- Anticipates changes as children grow
If issues like domestic violence, substance abuse, or communication breakdowns exist, additional legal guidance is strongly recommended.
How Long Does an Uncontested Divorce Take?
In California, there is a mandatory six-month waiting period from the date the divorce is filed and served before it can be finalized. This applies even when everything is agreed upon.
That said, uncontested divorces are typically much smoother because:
- There’s less back-and-forth
- Fewer court appearances are required
- Paperwork moves more efficiently
A family law attorney can help ensure delays don’t extend the process beyond the required waiting period.
What Does the Court Actually Require?
Even in uncontested cases, the court requires:
- Properly completed petitions and disclosures
- Financial disclosures from both parties
- Custody and support documentation (if children are involved)
- A final judgment that complies with California law
Missing forms or incomplete disclosures can result in rejection or long delays. An attorney’s role is often less about conflict and more about compliance and clarity.
When Should You Consider More Legal Support?
While uncontested cases are ideal, certain situations call for additional help:
- Disagreements about custody or visitation
- Hidden or complex assets
- Concerns about fairness or pressure to agree
- Domestic violence or safety concerns
In these cases, having a dedicated family law attorney ensures your rights and your children’s best interests are protected.
Stop the Guesswork with The Law Offices of David C. Watts
If you’re considering an uncontested divorce or have questions about custody requirements, speaking with a family law attorney from The Law Offices of David C. Watts can help you move forward with confidence and clarity.
Give us a call at (530) 554-2410 or contact us online today to schedule an appointment with one of our family law attorneys.
