Law Offices of Tecla M. Lunak | A Professional Corporation

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Law Offices of Tecla M. Lunak | A Professional Corporation
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Your Family’s Well-Being In Your Divorce

Last updated on March 16, 2026

Most people expect their divorce to be challenging but are soon caught off guard at just how challenging things can be. Instead of trying to weather the storm of a divorce on your own, allow a skilled family law attorney who is fluent in the California divorce system to be your guide to a future worth looking forward to.

At the Law Offices of Tecla M. Lunak, APC, we have been serving the Palm Desert area through their divorce needs since 2015, and we are eager to lead you through your divorce with as little complication as possible. No matter what challenges may arise in your divorce, we are prepared to defend your best interests however we can.

Preparing For The Unexpected

In our experience, one of the best ways to earn the outcome you deserve in a divorce is by preparing for everything possible. To accomplish this, we take the time to review the unique factors of a divorce we are working on to craft a custom-tailored plan that accounts for all facets of your divorce.

One way we help family law clients that surprises them is by securing an automatic temporary restraining order. While this sounds like something related to domestic violence, it can actually keep your spouse from selling specific assets until you settle the divorce. We are also prepared to assist you in any way we can through the other areas of divorce, such as asset division, spousal and child support establishment and domestic partnership dissolution.

We know that a divorce is not just about the spouses; it is about their children as well. We are committed to helping the children in a divorce earn an outcome that benefits them just as much as it benefits the parent we represent.

California Divorce FAQs

Below, we answer common questions we hear from clients at our Palm Desert office.

What are the residency requirements to file for divorce in California?

To file for divorce in California, either you or your spouse must have lived in the state for at least 6 months and in the county where you plan to file the divorce for at least 3 months. Suppose you do not meet the residency requirements; our divorce lawyer can help you file for legal separation first.

A legal separation in California is a court-ordered process that resolves issues such as:

  • The division of community property
  • Assigning the responsibility for paying the debts
  • Granting spousal support
  • Determining child custody and visitation
  • Child support

However, you remain legally married and cannot remarry. The separation also preserves joint tax benefits, health insurance coverage and Social Security eligibility. Once you meet the residency requirement, you can amend your petition to request a divorce.

Is California a no-fault divorce state?

Yes, California is a no-fault divorce state. No-fault means you do not need to prove your spouse did something wrong, but only need to cite that you reached a point of irreconcilable differences to initiate the process.

Misconduct during marriage may be considered if it involves a breach of fiduciary duty. That means it can impact things such as:

  • The 50/50 property division
  • Alimony decisions
  • Child support and custody decisions

An experienced Southern California divorce attorney can help protect your rights during the process.

How do I file for divorce in California?

To file for a divorce in California, follow these steps:

  • Check for residence requirements: You or your spouse must have lived in California for at least 6 months and in the county of filing for at least 3 months.
  • Find a divorce lawyer: Our experienced attorney can provide you with legal guidance and protect your rights.
  • Prepare and file your paperwork: File a Petition for Dissolution of Marriage with the Superior Court in the county where you or your spouse resides.
  • Serve your spouse: You must legally serve your spouse with the divorce papers.
  • Wait for response: Your spouse has 30 days to file a formal response. Otherwise, you can request a default judgment.
  • Exchange financial disclosures: California law requires you to exchange preliminary financial declarations, including debts.

There is a mandatory 6-month waiting period before the court can enter a final judgment.

We Are Here For You

We welcome everyone in our community into our Palm Desert office, which is why two of our staff members also speak Spanish. If you are looking for someone to be on your side in your divorce, contact us by calling 760-621-6113 or emailing us here today.