10 Biggest Legal Problems in Divorces in California

Ending a marriage often reveals challenges no one expected—legal, emotional, and financial issues that can quickly become overwhelming without the right guidance. At Bansmer Law, we have helped clients throughout San Joaquin County navigate the toughest aspects of divorce, from child custody disputes to high-stakes property division.

In this guide, we highlight 10 of the most common legal problems our clients face in California divorces, plus explain what you can do to protect your rights, your finances, and your future.

1. Division of Property (Community vs. Separate Property)

California is a community property state, meaning that by law, assets and debts acquired during the marriage are generally divided equally. However, the process is rarely straightforward.

Disputes frequently arise over whether certain property is truly “community” or if it should be considered “separate.” For example, was a home purchased before the marriage? Did one spouse use separate funds to support the other’s business? These questions are often the source of deep conflict.

Other common points of contention include:

• The valuation of businesses, real estate, or investment portfolios
• Commingled assets (where separate and community funds were mixed)
• Hidden property or undisclosed financial accounts

If you are concerned about protecting what is rightfully yours, begin gathering documents that show when and how key assets were acquired. The earlier this is done, the easier it becomes to build a strong legal position.

2. Child Custody and Visitation Disputes

Child custody is often the most emotionally charged issue in a divorce. California courts prioritize the best interests of the child when determining custody and visitation. However, parents frequently disagree on what that looks like in practice.

Common custody disputes involve:

• Requests for sole versus joint custody
• Relocation (move-away) cases
• Allegations of abuse or parental unfitness
• Disagreements over parenting schedules, holidays, and school decisions

Judges rely heavily on documented facts, not hearsay, when making custody decisions. If you anticipate a dispute, begin keeping a detailed log of parenting involvement, communication, and any incidents that could affect your case.

3. Child Support Disagreements

Although California uses a guideline formula to calculate child support, disagreements still occur, especially when one parent is self-employed, underreporting income, or earning cash wages.

Common legal issues include:

• Requests to deviate from the guideline amount
• Accusations of hidden income or financial manipulation
• Disputes over uncovered expenses (medical, educational, extracurricular)

One way to prepare is by organizing your financial records, including tax returns, pay stubs, and records of your child’s ongoing expenses. These details can make a significant difference during negotiations or court proceedings.

You may also utilize the state of California’s child support calculator to get an estimate of what the amount might be.

4. Spousal Support (Alimony) Disputes

Unlike child support, spousal support is not guaranteed in every divorce. When awarded, the amount and duration are determined using a set of legal factors—but there is no fixed formula. The result is that support decisions can vary widely from case to case.

Contested issues often include:

• Whether the supported spouse is making good-faith efforts to become self-sufficient
• The earning capacity of each spouse
• Requests for modification due to job loss or changes in financial circumstances

To ensure the court has a complete picture, it is helpful to provide documentation of your income, expenses, job search efforts, or health limitations. These details allow your attorney to make a stronger argument for a fair support outcome.

5. Domestic Violence and Restraining Orders

Allegations of domestic violence—whether physical, emotional, or financial—can shape the entire trajectory of a divorce. Courts take these claims seriously, especially when custody or safety is at stake.

In addition to impacting custody and visitation, restraining orders may restrict access to property or even limit communication between parties. Potential legal challenges include:

• Seeking or defending against a Domestic Violence Restraining Order (DVRO)
• Documenting abuse and responding to false allegations
• Navigating emergency court orders and supervised visitation

If abuse is present, legal protection is available. If you have been wrongly accused, there are ways to defend your credibility. In either case, detailed documentation and timely legal action are essential. Speak with your attorney as soon as possible to determine what steps to take.

6. Failure to Disclose Financial Information

Both spouses in a California divorce are legally required to fully disclose all financial assets, debts, income, and expenses. When one spouse fails to do so, the consequences can be severe.

Issues may involve:

• Deliberately hiding income or accounts
• Transferring assets to third parties to avoid division
• Delaying required documentation to increase legal costs

If you suspect your spouse is not being forthcoming, discuss options with your attorney early. Legal tools such as subpoenas, depositions, and forensic analysis may be necessary to uncover the full picture.

7. High Conflict Litigation and Escalating Legal Costs

Some divorces become more about power than resolution. When both parties are unwilling to compromise, litigation can drag on for months—or even years.

Key contributors to high-conflict divorces include:

• Narcissistic or controlling behavior
• Emotional retaliation or “scorched-earth” tactics
• Disputes over minor issues that could otherwise be negotiated

Even in contentious divorces, a structured approach can help. Your attorney may recommend mediation, settlement conferences, or court orders that limit inflammatory behavior. The earlier these interventions occur, the more manageable the process becomes.

8. Challenges to Prenuptial Agreements

While prenuptial agreements can simplify divorce proceedings, they are not always ironclad. One spouse may attempt to invalidate a prenup based on procedural or substantive grounds.

Common challenges include:

• Lack of independent legal counsel at the time of signing
• Signing under duress or without full financial disclosure
• Unconscionable or one-sided terms

If you are relying on a prenup, preserve all records related to its creation, including emails with attorneys, financial documents exchanged, and any written confirmation that both parties understood the terms. These materials may be vital in court.

9. Complex Asset Structures

Divorces involving business ownership, stock options, retirement accounts, and investment properties are notoriously complex.

These cases often require:

• Expert valuations
• Qualified Domestic Relations Orders (QDROs)
• Tracing of separate vs. community contributions
• Review of buy-sell agreements or shareholder contracts

The earlier you identify these complexities, the better. Your attorney may bring in a forensic accountant, financial planner, or tax advisor to ensure all assets are appropriately valued and divided according to California law.

10. Out-of-State or International Jurisdiction Issues

When one spouse has moved out of state—or when the divorce involves foreign assets or international custody issues—jurisdiction becomes a major legal obstacle.

Examples include:

• Hague Convention cases involving child abduction or relocation
• Disputes over which state or country’s courts have authority
• Difficulties enforcing California court orders across state or national borders

Be sure to inform your attorney of any out-of-state or international ties early in the process. Delays in addressing jurisdiction can lead to costly setbacks.

Choose a Family Law Attorney Who Knows How to Navigate California’s Toughest Divorce Issues

Whether you are anticipating a peaceful divorce or already dealing with legal conflict, the challenges listed above can affect everything from your finances to your relationship with your children. At Bansmer Law, we help individuals throughout Tracy, Stockton, Manteca, and all of San Joaquin County navigate these complexities with confidence.

Our attorney, Erica M. Bansmer, brings over a decade of experience and a strategic, client-focused approach to every case. Call us at (209) 474-2400 or schedule your 60-minute case consultation to take the first step towards protecting what is rightfully yours.

Frequently Asked Questions About California Divorce Disputes

Can we agree to a different property division than 50/50?

Yes. While California law defaults to a 50/50 split of community property, the court will honor a different arrangement if both parties agree and it is deemed fair. This is often done through a Marital Settlement Agreement. However, the court will still review the agreement to ensure it does not unfairly disadvantage one spouse.

How is spousal support calculated in California?

Spousal support is determined based on California Family Code Section 4320. Courts consider multiple factors, including:

• Age and health
• The length of the marriage
• Any history of domestic violence
• Each spouse’s income and earning capacity
• The standard of living during the marriage

Temporary support may be calculated using a formula, but permanent support is more discretionary. Working with an experienced, strategic spousal support attorney is the most effective way to make a strong case for support.

Can I subpoena financial records during divorce?

Yes. If your spouse is not being transparent, your attorney can issue subpoenas to banks, employers, and other entities to obtain relevant financial records. This is often necessary when there are concerns about hidden income or assets. Subpoenas are a powerful discovery tool in contested divorce cases.

Do not wait for the truth to surface on its own—call Bansmer Law at (209) 474-2400 to take immediate, strategic action that protects your financial future.