Are you dealing with any of these?
You bought the house before marriage, but paid the mortgage together
Your spouse says half the house is theirs. You want to know how much the mortgage payments made from marital income actually give them.
You have property, savings, or equity in China
You are not sure whether a California court can reach those assets, whether you must disclose them, or whether your spouse will move money in the meantime.
One of you runs a business
The company started during the marriage, or existed before and grew a lot since. The books are unclear and your estimates of its value are far apart.
You can't agree on where the children live
You both want primary custody, or one of you wants to move the children to China or another state.
You were just served with divorce papers
Your spouse has filed. You have 30 days to respond and want to know what to do now and what you must not do.
You both agree and want it done quickly
You want to know how an uncontested divorce works and whether you qualify for summary dissolution.
What we handle in a divorce
Our focus is property division and custody, from the first filing through post-judgment transfers.
Characterizing and dividing property
We sort each asset into community, separate, or quasi-community property and trace funds through bank, purchase, and mortgage records.
The family home
Pre-marital homes, marital homes, and homes bought with parents' money. We calculate the community share of a pre-marital home and reimbursement of separate contributions, and negotiate a sale, buyout, or award to one spouse.
Assets in China and cross-border issues
We gather and translate records for property, accounts, and equity in China, and handle service and evidence when a spouse is in China.
Pensions and 401(k)s
We identify the portion earned during marriage and coordinate the qualified domestic relations order (QDRO) the plan needs to pay the other spouse's share.
Businesses
We work with accountants on valuation and records, and address how business income is treated, who keeps the company, and how the other spouse is compensated.
Custody and visitation
We prepare a parenting plan, get you ready for court-ordered mediation, and deal with relocation, travel abroad, and passports.
Child support and spousal support
We run the statewide guideline for child support and negotiate or litigate the amount and duration of spousal support.
Prenups and transmutation
We review whether a premarital agreement is enforceable and whether a transmutation signed during marriage is valid.
California divorce rules you should know
These are general rules. How they apply depends on the length of your marriage, where you have lived, and what you own.
- Residency and the 6-month waiting period：Before filing, at least one spouse must have lived in California for 6 months and in the filing county for 3 months (Family Code § 2320). The marriage cannot end until 6 months after the respondent is served with the summons and petition or appears in the case, whichever comes first (§ 2339). Property and custody can be settled during that time.
- Service and the 30-day response：You cannot serve your spouse yourself; the server must be 18 or older and not a party. The served spouse has 30 days to file a Response (FL-120). If no response is filed, the court may make orders about property and children without that spouse. Service on a spouse in mainland China generally goes through the Hague Service Convention's Central Authority; China does not accept service by mail, so it takes time.
- Automatic restraining orders on service：Both spouses are bound by standard family law restraining orders: without written consent or a court order, no taking minor children out of California or applying for new passports for them, no transferring, borrowing against, or hiding any property, and no changing insurance beneficiaries. Extraordinary expenses require 5 business days' notice. Paying attorney fees and court costs is allowed.
- Community property is divided equally：Property acquired during marriage while living in California is generally community property, wherever it is located, and the court divides it equally (§§ 760, 2550). Property owned before marriage, and gifts or inheritances received during marriage, are separate property (§ 770). Property acquired during marriage while living elsewhere, including China, that would have been community property here is quasi-community property and is divided too (§ 125).
- Financial disclosure is mandatory：Each spouse must serve a preliminary declaration of disclosure listing all assets and debts, with tax returns for the prior 2 years and an income and expense declaration (§ 2104). The petitioner serves it with the petition or within 60 days of filing. Assets in China must be listed too; leaving them off gives the other side grounds to challenge the judgment later.
- How support is set：Child support follows the statewide guideline, driven mainly by each parent's net income and parenting time (§ 4055). It generally runs to 18, or until a full-time high school student who is not self-supporting finishes 12th grade or turns 19, whichever comes first (§ 3901). A marriage of 10 years or more is presumed to be of long duration (§ 4336); in shorter marriages, spousal support generally lasts about half the length of the marriage (§ 4320).
- Prenups and transmutations must be in writing：For prenups signed on or after January 1, 2020, at least 7 days must pass between receiving the final agreement and signing, with independent counsel or a written waiver (§ 1615). Changing separate property into community property, or the reverse, requires a written express declaration made or accepted by the spouse whose interest is harmed (§ 852). Oral agreements usually do not count.
How a divorce runs with us
First conversation
By phone or WeChat we go over your marriage and separation dates, children, main assets, and whether anyone has filed. We explain the fee options before you sign anything.
Gathering property records and evidence
We build an asset list, collect bank statements, mortgage records, business books, and records from China with translations, and pin down the date of separation, which affects how much property is characterized.
Filing or responding, and disclosure
We prepare and file the Petition (FL-100) or Response (FL-120), arrange service, and complete preliminary disclosure on time. When needed, we request temporary custody, visitation, or support orders.
Negotiation and mediation
We negotiate the property settlement and parenting plan first. If custody is contested, we prepare you for court-ordered mediation. Shenqi Cai holds a dispute-resolution certificate from Pepperdine's Straus Institute. You receive a written update every two weeks.
Settlement or trial, then enforcement
An agreement becomes a marital settlement agreement filed with the court. If there is no agreement, we prepare evidence and experts for trial. After judgment we help with deed transfers and getting the QDRO to the retirement plan.
How we charge
Hourly
For complex or contested property cases. The rate and an estimate are given in writing, and you receive an itemized invoice every month.
Fixed fee by stage
For well-defined work such as preparing the petition and disclosures, drafting a settlement agreement, or a single motion like a request for temporary support. Each stage's fee is set in the engagement agreement.
- Under California Rule of Professional Conduct 1.5(c)(1), a family law fee cannot depend on obtaining the divorce or on the amount of support or property awarded, so we do not take divorce cases on contingency.
- Court filing fees, service costs, appraiser or accountant fees, and translation or notarization costs are separate, and we tell you before they are incurred.
- The fee model, rates, and scope of work are written into the engagement agreement, and you can ask about any term before signing.
Frequently asked questions
The following is general legal information and is not legal advice for any specific matter. For your situation, contact Lingtu Law APC at 415-547-9999 or on WeChat at lingtulaw.
