Portola Valley Divorce Lawyer

Trusted Portola Valley Divorce Attorney

There may come a time in your marriage when you and your spouse are no longer happy and wish to separate. If you’re considering filing for divorce, or your spouse has already filed, a Portola Valley divorce lawyer at the Law Offices of Rod Firoozye can help you confidently navigate California’s legal system while also protecting your rights.

Understanding California’s Divorce Laws

In California, divorce is also referred to as dissolution of marriage. California’s divorce laws are governed under Division 6 of the California Family Code. As per Section 2310 of the California Family Code, there are only two legal grounds for a couple to be divorced in California:

• Irreconcilable differences that are making it impossible for a couple to stay married.
• Permanent legal incapacity to make decisions, where one spouse is not mentally capable of making decisions.

Some examples of irreconcilable differences include: 

• Breakdown of communication
• Change in career priorities
• Change of values, interests, or goals
• Conflicts due to family members
• Disagreements over child rearing and parenting
• Extreme unhappiness
• Financial-related disagreements
• Lack of intimacy
• Long-distance relationship
• Loss of trust

What Are the Requirements for Obtaining a Divorce in Portola Valley?

California is a “no-fault” state. This means that you can divorce your spouse without them having done something wrong, such as adultery, and you don’t have to prove any wrongdoing.

However, to request a divorce in California, at least one of you: 

• Must have lived in California for at least six months.
• Must have lived in San Mateo County for at least three months.
• File the correct petitions and other paperwork.
• Wait the six-month “cooling off” period from the date the divorce papers were served, which is required for a divorce case to be finalized.

What Is Considered Community Property in California?

California is a community property state. This means that a judge from the Superior Court of California, County of San Mateo, may consider both you and your spouse joint owners of any assets and debt you accumulated during your marriage. For this reason, a judge may rule as close to a 50/50 split as possible.

Assets that are considered community property in a California divorce include: 

• Business assets owned and operated during the marriage, and not specifically specified as non-community property in a prenuptial or postnuptial agreement.
• Cars, boats, and other vehicles purchased during the marriage.
• Debt created during the marriage, such as mortgages and credit card debt.
• High-end items like artwork, jewelry, and electronics purchased during the marriage.
• Income and other earnings accumulated during the marriage.
• Property purchased jointly during the marriage.
• Retirement account contributions made during the marriage.

There are certain items that are normally not considered community property, such as: 

• Anything specifically named as non-community property in a prenuptial or postnuptial agreement.
• Inheritances or other gifts given to one spouse during the marriage.
• Property purchased before the marriage or after the date of separation.

FAQs

How Much Does a Portola Valley Divorce Attorney Cost?

How much a Portola Valley divorce attorney costs depends on the terms of your divorce case and its complexity. For instance, a couple who is willing to split all their assets and property 50/50 normally takes less time than a complex high-net-worth divorce with large bank accounts, multiple properties, and business assets like trademarks and patents. During your initial consultation, your Portola Valley divorce lawyer is equipped to provide you with a cost estimate.

What Is the 10-Year Rule for Divorce in California?

The 10-year rule for divorce in California is governed under Section 4336 of the California Family Code. Under that code, it defines a marriage lasting for 10 or more years as long-term. For long-term marriages, a judge may rule spousal support indefinitely. When you hire a divorce lawyer, they can supply you with more information on California’s spousal support rules.

Are There Different Rules for Same-Sex Divorce in California?

No, there are currently no different laws or rules for same-sex divorce in California. The no-fault rule and 50/50 community property rule still apply in same-sex divorce cases. However, there are potentially unique challenges that can arise during a same-sex divorce, including child custody and parenting issues. If you’re facing a same-sex divorce, hire a Portola Valley divorce attorney who can guide you through the process.

Do I Have to Hire a Divorce Lawyer in California?

Legally, you’re not required to hire a divorce lawyer in California. However, not hiring a Portola Valley divorce attorney may leave you vulnerable to being unclear about your rights and not receiving all that you’re entitled to. Whether your divorce is amicable and simple or high-net-worth and complex, hiring a divorce lawyer to represent you and your interests is the right way to achieve the outcome you’re hoping for.

Hire a Divorce Lawyer in Portola Valley That You Can Trust

If you’re facing a divorce, you’re certainly not alone. According to the U.S. Census Bureau, married couples made up only 47% of U.S. households in 2025. And between 35% to 50% of all marriages in the U.S. end up in divorce.

While the divorce process may sound easy to do on your own, that’s often not the case. Having an experienced Portola Valley divorce attorney at your side can help make sure all your paperwork is filed correctly and on time, can investigate and find any assets that your spouse may be hiding, can be your strong advocate for spousal and child support, and can defend your legal rights during mediation or in the courtroom.

Our Legal Team

Since 1996, the Law Offices of Rod Firoozye have been assisting Bay Area clients with all of their family law needs, including complex divorces, business owner divorces, and international divorces. As a State Bar of California Certified Family Law Specialist, Attorney Firoozye can also help with family law issues that may arise from divorce, such as complex child custody, asset discovery, breach of fiduciary duties, and child relocation issues.

If you’re facing a divorce, there’s no time to lose. Contact our office today to schedule an initial consultation.

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