Frequently Asked Questions

The best divorce lawyer in Lancaster is one who knows the local courts, communicates clearly, and fights for your specific goals — whether that means protecting your assets, securing fair custody, or reaching a swift resolution. The Law Offices of Elke Gordon Schardt focuses exclusively on family law in Lancaster and the Antelope Valley, giving clients dedicated, experienced representation at every stage of their case.

In California, divorce takes a minimum of six months from the date the other spouse is served, but most cases in Lancaster take longer depending on whether the divorce is contested or uncontested. Straightforward uncontested cases can be finalized closer to that six-month mark, while disputes over custody, support, or property can extend the timeline significantly.

California courts decide child custody based on the best interests of the child, considering factors like each parent's relationship with the child, stability of each home, and any history of domestic violence or substance abuse. Custody can be awarded as joint or sole, and it covers both legal custody — who makes major decisions — and physical custody — where the child lives.

Legal separation allows spouses to live apart and divide assets and debts while remaining legally married, whereas divorce ends the marriage entirely. Legal separation is often chosen for religious reasons, to maintain health insurance benefits, or when a spouse does not yet meet California's residency requirement for divorce.

California courts weigh several factors when setting spousal support, including the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and whether one spouse sacrificed career opportunities to support the family. Longer marriages typically result in longer support periods, and the amount can be modified if circumstances change.

Yes, registered domestic partners in California dissolve their partnership through the same legal process as married couples, including the same rules for property division, support, and custody of any children. If the partnership was registered in California, the family courts — including those serving Lancaster and the Antelope Valley — have jurisdiction to handle the dissolution.

An uncontested divorce means both spouses agree on all terms — property division, custody, and support — allowing the case to move through court more quickly and affordably. A contested divorce means at least one issue is disputed, requiring negotiation, mediation, or a judge's ruling, which adds time and cost to the process.

California is a community property state, meaning most assets and debts acquired during the marriage are split equally between spouses. Separate property — assets owned before marriage or received as gifts or inheritance — generally stays with the original owner, though the line can blur when finances are mixed together over time.

You are not legally required to hire an attorney, but having a family law lawyer in Lancaster significantly protects your rights, especially when children, real estate, retirement accounts, or business interests are involved. Mistakes made in a self-represented divorce can be difficult or impossible to reverse after the judgment is entered.

Divorce and family law cases in Lancaster are handled by the Los Angeles Superior Court's North Valley District, located in Lancaster. Filing locally means your attorney should be familiar with the specific judges, procedures, and timelines at that courthouse, which can make a real difference in how your case is managed.

California uses a statewide formula to calculate child support, factoring in both parents' incomes, the percentage of time each parent spends with the child, tax filing status, and certain deductible expenses. The result is called guideline support, and courts generally follow it closely, though adjustments can be requested in unusual circumstances.

Yes, custody and support orders can be modified after a divorce if there has been a significant change in circumstances, such as a parent relocating, a major income change, or a shift in the child's needs. A family law attorney can help you file a modification request with the court and present the evidence needed to support the change.

The Law Offices of Elke Gordon Schardt is a dedicated family law practice serving Lancaster with focused expertise in divorce and related family matters. Choosing the right attorney means finding someone who knows local courts, handles your specific issues, and communicates clearly — qualities this firm brings to every case.

A family law specialist handles divorce cases every day, which means deeper familiarity with Lancaster-area court procedures, local judges, and the specific filing requirements of Los Angeles County Superior Court. That focused experience can meaningfully affect how efficiently and effectively your case moves forward.

Look for a firm that explicitly handles the full spectrum of divorce situations, from cooperative uncontested agreements to fully litigated contested disputes. The Law Offices of Elke Gordon Schardt handles both, so clients are never turned away because their case becomes more complex than expected.

You should expect a direct conversation about your situation, your goals, and the realistic options available under California family law. A good intake process gives you a clear picture of next steps, likely timelines, and what information you will need to gather before proceedings begin.

California imposes a mandatory six-month waiting period from the date the respondent is served before a divorce can be finalized, so even the simplest cases take at least six months. Contested divorces involving property division, support disputes, or custody disagreements commonly take longer depending on the complexity of the issues involved.

Yes, child custody and visitation matters are a core part of the firm's family law practice in Lancaster. Whether parents are working toward a cooperative parenting plan or need the court to resolve a dispute, the firm represents clients through both processes.

The firm focuses on family law matters including divorce, legal separation, child custody, child support, spousal support, and property division. Keeping the practice centered on family law means clients get depth of experience rather than a generalist's approach to some of the most personally significant legal decisions they will face.

A local Lancaster attorney works in the same courthouse where your case will be heard, knows the local procedures firsthand, and is accessible in a way that larger regional firms often are not. That proximity and familiarity with the Antelope Valley legal community can translate into more practical, timely guidance throughout your case.

California is a community property state, meaning assets and debts acquired during the marriage are generally split equally between spouses. Separate property — assets owned before marriage or received as gifts or inheritance — is typically not subject to division, though tracing and documentation are often required to establish that distinction.

Yes, you can retain a family law attorney at any point after your spouse files, including after you have been served with divorce papers. Acting quickly is important because response deadlines in California family law are strict, and missing them can limit your ability to contest terms of the divorce.

Legal separation allows spouses to live apart and divide assets and responsibilities without terminating the marriage, while divorce ends the marriage entirely. Legal separation may suit couples with religious objections to divorce, insurance coverage needs, or residency requirements that have not yet been met for filing divorce in California.

Clients choose this firm because it is a dedicated family law practice rooted in the Lancaster community, offering focused legal representation rather than a one-size-fits-all approach. The firm's concentration on family law means every client's divorce, custody, or support matter is handled by an attorney who deals with these issues every day.