Find a Pre-Screened Family Lawyer in Los Angeles for A Divorce
Divorce, or dissolution of marriage, is described by California Family Code 2300 as a judge's order that effectively "restore the parties to the status of unmarried persons." Divorcees who are declared single again face far-reaching, life-altering repercussions as well as changes in their rights and responsibilities. We pre-screen divorce lawyers in Los Angeles, to get a lawyer referral 24 hours a day, submit your request online.
Divorce Requirements in California
A couple must have lived in California for at least six months before filing for divorce in Los Angeles. Furthermore, the couple must have lived in the county where they want to file for divorce for at least three months before filing. Furthermore, the courts in California require a six-month waiting period before granting a divorce. The marital status cannot be terminated until six months have elapsed after the divorce respondent (the one who is served) has been served with the Summons and Petition.
In certain states, a couple can only get a divorce if they can show that they have good reason to divorce. In our state, this is not the case. California is a "no-fault" jurisdiction, which means you don't have to show that either or both of your partners did anything wrong to get a divorce.
In California, the fact that one or both spouses seek a divorce is sufficient grounds for a divorce. Simply put, a couple may claim they have "irreconcilable differences." Furthermore, since California is a "no-fault" state, a couple can get a divorce even if one of the partners does not want to divorce.
Divorce is a difficult, complicated, and emotional process for the whole family, and all of your rights must be recognized and secured in the process. This is why having an experienced divorce attorney who can confidently direct you through this complex legal process is critical.
The Process for Securing a Marriage Dissolution
The following are the steps involved in a typical divorce claim:
The Respondent is directly presented with the Petition (Family Law).
Following that, the Respondent has thirty days to file a Response (Family Law).
By applying for an Order to Show Cause hearing, one of the parties to the separation will typically seek provisional court orders. The judge will issue temporary child custody, care, and restraining orders during this hearing.
Following that, the divorcing parties indulge in Exploration. This is the procedure by which the parties to a dissolution share specific information and records.
The Preliminary Declaration of Disclosure is one of the steps in the discovery process that must be completed. This is a court document in which each party lists their separate and community property (assets to be disputed that were acquired before or after the marriage.)
The parties must also share current income and expenditure declarations as part of this disclosure. Interrogatories (written questions) and depositions are two other forms of discovery (oral examination under penalty of perjury).
Following the conclusion of discovery, the divorcing parties and their lawyers (if they are represented) will negotiate the case's settlement.
If the dispute is settled amicably, one of the divorce lawyers will draft a Marital Settlement Agreement outlining all of the provisions of the agreement.
There is a contract that the partners and their lawyers sign.
A trial will be held if the parties are unable to reach an agreement on any of the case's issues.
Lawyers will prepare a Judgment of Dissolution of Marriage after the parties sign the Marital Settlement Agreement or after the trial is completed. Many of the court's orders are included in this publication. The judgment is entered, and each Family Law Attorney receives a Notice of Entry of Judgment from the court.
Divorce in California
divorce is a difficult situation, which is why the help of a Family Law Attorney is necessary. Not only can the divorce process be emotionally exhausting, but there's also the stress of not knowing how to start the process. We provide advice on how to start and handle a California divorce in this post.
Maintain Your Grounding During Your Divorce
Divorce or dissolution of marriage can be financially, psychologically, and physically draining. It's important to maintain your sense of self in all of these areas. I encourage my clients to remain involved in or re-engage in their spiritual or self-help groups. This can include things like meditation, yoga, church/synagogue, running, and reading, among other things.
Both legal and financial documents should be gathered.
The next move is to make sure you have all of the required documentation related to your financial condition, transactions, and trends. The goal is to keep track of each spouse's financial situation, including jobs, properties, and monthly expenses. Depending on your divorce attorney's recommendations, additional documentation such as pay stubs, tax returns, and the like may be necessary (should you decide to get one.) Having all of your financial records in one place helps you understand how time, resources, and other assets could be divided.
Determine the Sort of Divorce Claim You Want Filed
You can apply for a summary separation if you and your partner agree on the terms of the divorce, have been married for less than 5 years, and do not have a child. In California, this is the easiest way to get a divorce.
If your partner agrees to all divorce terms, but your case does not meet the conditions for a summary dissolution of marriage, you will apply for Dissolution of Marriage and continue with your divorce as an uncontested divorce.
If you and your partner cannot agree on any of the terms, you will file for a disputed divorce after filing for a dissolution of marriage. If you continue with an at-issue dissolution of marriage case, you will almost definitely end up in court, and it is strongly recommended that you employ a Family Law Attorney.
Divorce should be filed in the appropriate county of jurisdiction.
In most cases, you must apply for divorce in the county where you live; however, you must obey California residency laws. According to the rules, you must have resided in California for the previous six months, and the county in which you registered must be in California (like Los Angeles County for the last three months).
You will file in one of the two counties if you and your spouse have already split and actually live in different jurisdictions, such as Los Angeles and Ventura counties.
You can also apply for a civil separation if you don't meet the California residency requirements for divorce/dissolution of marriage. Again, having a professional and competent divorce lawyer represent you in your Los Angeles divorce case is always recommended.
Locate a Reliable and Professional Divorce Lawyer
Consult an experienced and reliable divorce lawyer with whom you are comfortable. This is the most important decision you'll make during your divorce. Divorce on your own is not a viable choice, particularly if there are children or significant business and property issues to be resolved.
Do your homework; the person you're hiring to lead you through the next stage of your life should make you feel comfortable. It is always a good idea to employ an Family Law Attorney who is also a California Certified Specialist in Family Law to represent you, particularly if your case involves complicated financial or tax issues.
Maintain Good Ties with Your Ex (as much as possible)
In the best-case scenario, you'll be able to stop going to court and just settle the divorce by mediation. Recognize, however, that your relationship with your partner will dictate the mediation process's duration and scope. The majority of divorce proceedings in Los Angeles County are decided before a trial.
Here are several ways to keep this relationship going:
Make an effort to keep disagreements to essential technical and legal problems rather than informal, non-legal matters.
Do not include your children in discussions about child custody. Maintain a normal environment for children, show respect for their other parent, and show that you are a good guardian to the best of your capacity. This is relevant not only for the legal proceedings but it is also the best thing to do for the children.
Be truthful. Discuss what is and is not relevant to you in these legal proceedings with your legal advisor. To secure the best possible deal, your divorce lawyer wants to know what your goals are. Before taking a challenging divorce case position, be realistic about your goals and keep legal costs in mind.
Maintain Contact with Your Family Law Attorney
You will be on a good road to completing your divorce if you do your homework, think positively, and follow these steps. Your divorce lawyer should be diligent in communicating with you, as well as fairly accessible and open to all of your questions and concerns.
Possible Types of Divorce Cases
Contested. To complete the divorce process, you and your spouse must agree on the terms of your divorce settlement. This may include child custody arrangements, land divisions, wealth sharing, children, alimony, or child support obligations. A disputed divorce occurs when a divorcing couple is unable to reach an agreement on all of these issues.
If you have a disputed divorce, you do not need to appear in Los Angeles County court to resolve your dispute. As we discussed in our "Rules of Divorce," it's best to work toward a fair and healthy compromise rather than flaming any resentment that may exist– this could end up costing you both in the long run. Many of the divorce lawyers at our divorce firm are seasoned in divorce proceedings and know how to handle complex dynamics during a divorce while maintaining a positive atmosphere for the best possible outcome.
A Lot of Monetary Assets. More capital, according to the adage, means more problems. You don't want to think about playing with your hard-earned money during your California divorce. The divorce process can be more complex for couples who have complicated financial conditions. Even in the most amicable California divorces, there would be certain properties that are difficult to split. Closely owned companies, private practices, retirement and insurance policies, assets held in various types of trusts, multiple accounts and assets in various states, and other complex wealth situations should not be left to the ordinary Family Law Attorney.
Hiring a California divorce lawyer with financial expertise and proven ability to handle the legal complexities in your divorce case, such as Charles M. Green, who is also a former experienced Certified Public Accountant, will give you the extra boost of confidence that you are being served by a certified California divorce specialist with financial expertise and proven ability to handle such legal complexities in your divorce case.
Non-disputed. Contrary to common opinion, California divorces are not expected to be challenged. Divorcing partners should be amicable and reach an understanding of the terms of their divorce. An uncontested divorce occurs when the divorcing couple agrees on the terms of their divorce. A default happens when one of the parties fails to respond to divorce papers served on them.
You must account for the specifics of your divorce break-up even though you both agree to an uncontested divorce. You'll have to send the court a detailed report on custody or support arrangements, asset or property divisions, and spousal support if appropriate. The California family law court will review the terms of your agreements and authorize them if they are found to be equitable and in compliance with the state's family law statutes. Having an accomplished Los Angeles divorce professional as your divorce lawyer will ensure that you get the safest and most seamless divorce transition possible.
Divorce involving business owner/s. This may include a lot of personal and company assets that are difficult to divide among ex-spouses.
Personal debts/taxes vs. company debts/taxes
Tracing properties, revenue, and debt
Patents, both pending and granted
Concerns about intellectual rights and trademarks
Real estate holdings, whether commercial or residential
Problems with the family business
Annuity distribution
Tax payments and IRS responsibilities are separated.
Contracts with musicians and record labels
In the division of high-asset divorce estates, there are various tax and IRS problems to address.
All of the aforementioned issues have tax implications. Essentially, if you make the right choices early on, the divorce process for a business owner and the health of the company can be handled intelligently. Don't take risks for the company's future. Consider one of our prescreened California Family Lawyers in your California Attorney Search.
What Else Will Your Family Law Attorney Help You With?
Divorce Mediation: If you and your partner can agree on some but not all aspects of your divorce, mediation might be your best choice. In mediation, you and your partner meet with a neutral third party known as a mediator with the help of your divorce lawyer. The mediator works with you and your partner independently and together to help you find mutually satisfactory solutions. When you and your partner have high-net-worth properties, it can be difficult to come to an agreement about how to share property and other valuables. Working with a Los Angeles divorce lawyer with vast experience managing high-net-worth divorce cases is important.
Domestic Partnerships: Domestic partnerships are legal in California for same-sex and certain opposite-sex couples.
Divorce Strategies: Your Los Angeles Family Law Attorney will help you draft a plan that will be favorable to your interests.
Spousal Support: Following a divorce, spousal support could be awarded to help the lower-earning partner maintain their lifestyle and get back on their feet.
Gray Divorce: Divorce for people over the age of 50 is known as gray divorce, and it comes with its own set of obstacles. Our Los Angeles divorce lawyer will give you the guidance and support you need to end your marriage at a later date.
Retirement Benefits in a Divorce: When you get divorced, retirement benefits can be a challenge. You've put in a lot of effort throughout your career to ensure that you can continue to live comfortably after you retire. We will collaborate to ensure that your retirement accounts are included in your divorce settlement. Unless you have a prenuptial agreement that specifies how assets will be shared, state law grants each partner an equal interest in all marital property.
Company Valuation: Putting a monetary value on business interests and intellectual property rights can be challenging. We recommend that you consult with a Los Angeles divorce lawyer who has managed several business valuation cases.
Public Figures and Entertainers' Divorce Assets: We recognize that divorce is a deeply personal and private matter that should not be discussed in public. We would go to great lengths to keep the specifics of our celebrity clients' divorce under wraps.
Other Aspects to Expect in Divorce Cases
In California, courts are mainly concerned with what is referred to as the "best interest of the kid." That means they'll vote on child custody in the best interests of the child, not the parents. They will also rule on custody in a reasonable manner. Bear in mind that, regardless of a child's age or gender, courts do not favor the mother over the father. Similarly, a parent's custody cannot be denied solely due to a disability, religious conviction, or sexual orientation.
California courts will weigh the following considerations when deciding what is best for a child:
Age and health status of the child
Relationship between parents and children on an emotional level
Parental ability to care for a child
There is a history of violence or drug abuse in your family
The connection between a child and his or her education, home, and community
Other factors to think about include:
Activities in which the parent participates with the child
How much time each parent spends with their child
Any negativity (such as arguments, yelling, and so on) should be avoided.
Personal reasons, absence from home, and other information for each parent
In most cases, the "best interest of the child" entails continuous, regular interaction with both parents, which can be achieved by joint custody; however, joint custody is not always the best option. In certain situations, a parent's job can involve regular travel, resulting in a situation where sole physical custody but joint legal custody is the best choice for the family. Because each family is different, it's critical to consult with a Los Angeles, child custody lawyer who will help you find the best solution for you and your family.
When shared physical custody is not granted, equal visitation rights must be granted in order for both parents to preserve their parent-child relationship.
What Are the Variations Between Physical and Legal Custody?
When a parent is incompetent, the court must ensure that all parents have the ability to maintain a relationship with their child. There are various types of custody that can be granted.
Judicial and physical custody agreements include the following:
Sole Physical Custody. If your ex-spouse is a threat to your child, such as if he or she has been violent or neglectful, or if the spouse has substance abuse problems, sole physical custody might be sought. Your divorce lawyer will file a motion for you to be given full physical custody, with the other parent having minimal or no visitation rights.
Joint Physical Custody. When a child has joint physical custody, he or she will spend time with both parents. When parents request shared custody of their children, we will be happy to explore the various options available.
Sole Legal Custody. If one parent is deemed incompetent or is not present in the child's life, the court will award the other parent complete decision-making authority.
Joint Legal Custody. In California, the chosen custody agreement is for both parents to share decision-making authority over their infant. Both parents have the right to make crucial decisions about their child's life under this agreement, including decisions about schooling, major medical care, religion, and other topics.
Spousal Support
Spousal support differs from child support in that it is intended to help the lower-wage-earning partner or non-wage-earning spouse maintain financial equilibrium during and after a divorce. To ensure that the Spousal Support orders, if made or negotiated, are correct, it is critical to accurately document income, investigate assets, and prepare to present evidence to the court, if necessary.
The Different Types of Spousal Support Payments
In a negotiated arrangement or by court order, a couple or the court may decide which forms of assistance one partner may receive. During and after the divorce, a partner may receive various forms of spousal support in varying quantities and for varying periods of time. The following are the five forms of spousal support that are approved in California divorces:
Temporary Spousal Assistance is awarded to a partner while the divorce proceedings are pending and the couple is separated. Temporary spousal support usually ends when the divorce is finalized, but once the settlement is finalized, another type of spousal support may begin. This form of spousal assistance is intended to cover day-to-day expenses as well as legal fees.
Rehabilitative Spousal Support: This form of spousal support offers spousal support for a fixed period of time after the divorce is finalized, or it may stop when a triggering event occurs. This form of spousal support payment is intended to assist the lower-earning partner in becoming self-sufficient through the development of work skills, training, or education. When one partner makes career sacrifices to help the higher-earning spouse or raise the family, rehabilitative spousal support is usually awarded.
Reimbursement Spousal Support: This form of spousal support is fairly unusual in that it is intended to compensate one partner for monetary contributions and other sacrifices made in order to further the career or education of the other spouse. Spousal Assistance Compensation is often available if one partner helped the family while the other sought an education or job preparation. California is one of the few states that provides for this form of the post-divorce spousal support payment.
Spousal Support on a Lump-Sum Basis: Spousal support on a lump-sum basis. Spousal support is when the higher-earning partner pays the lower-earning spouse a one-time, lump-sum spousal support payment rather than monthly payments. When the beneficiary spouse does not take anything in terms of community property, and the higher-earning spouse is paying for the share of the property, this form of Spousal Support is normally sufficient.
Permanent Spousal Support: Permanent Spousal Support refers to support payments that are made permanently or for the rest of one's life. These payments are made on a regular basis and are usually ordered when the receiving partner is aged, has serious health problems, is caring for a disabled child, or has other conditions that prevent him or her from returning to work.
What Factors Influence Court Decisions on Spousal Support?
Spousal help in California is determined by a variety of variables that are codified in law. When spousal support is ordered, the court receives specific details in order to determine the quantity and length of support. The following factors are listed in California Family Code 4320:
The degree to which each party's earning potential is adequate to sustain the marital standard of living, taking into account all of the following factors.
The supported party's marketable skills; the work market for those skills; the time and costs needed for the supported party to receive the necessary education or training to improve those skills; and the future need for retraining or education to gain other, more marketable skills or jobs.
The degree to which periods of unemployment suffered during the marriage to enable the supported party to devote time to domestic duties has harmed the supported party's current or potential earning power.
The degree to which the supported party assisted the supporting party in obtaining an education, training, a professional role, or a license.
The supporting party's willingness to pay spousal support, taking into account their earning power, earned and unearned income, properties, and standard of living.
Each party's requirements are determined by the standard of living defined during the marriage.
Each party's responsibilities and properties, including separate property.
The length of time that the couple has been married.
The desire of the endorsed party to work and earn a living without jeopardizing the needs of dependent children in the party's care.
The parties' ages and health statuses.
Any history of domestic abuse must be reported.
Each party's immediate and precise tax consequences.
The fairness of each party's struggles.
The aim is for the sponsored group to become self-sufficient in a reasonable amount of time.
The amount of spousal support ordered by a court can vary based on these factors. In general, for marriages of less than ten years, spousal support would last half as long as the marriage. Under California Family Law, partnerships lasting ten years or more are called "long-term Marriages," and the Court's Support Order would most likely have no set end date. Please contact us to talk about your options for obtaining a proper spousal support order during or after your divorce.
In California, How do you legally cease spousal support?
Spousal support is intended to provide financial assistance to the lower-earning spouse during and after divorce in order to assist that person in being financially self-sufficient and sustaining a certain standard of living. However, circumstances can occur that cause one spouse to request that Spousal Support payments be stopped until the divorce is finalized. Call or email the Law Office of Bradley S. Sandler in Beverly Hills today to learn more about when one partner will request the termination of spousal support payments.
Spousal Support and Voluntary Termination
A voluntary agreement between partners on when spousal support payments should stop is the simplest way to terminate spousal support payments. This may be accomplished by a prenuptial arrangement or by a judge ordering a particular form of spousal support that expires after a certain number of years or upon the occurrence of a triggering event. If either spouse's circumstances shift to the point that Spousal Support payments must be terminated, the former couple may consent to voluntarily terminate Spousal Support payments at any time after the divorce. If one spouse refuses to consent to the termination of spousal support payments, there are circumstances in which one spouse can petition the courts to have the payments terminated.
Effects of remarriage and death on spousal support
Spousal maintenance benefits in California are immediately terminated when the receiving partner remarries. This is due to the fact that the object of spousal support is to provide financial support to that individual, and the new spouse will now be able to do so. Furthermore, when either former partner dies, spousal support is immediately terminated. Since spousal support is not intended for either former spouse's children or descendants, the responsibility ends when either party dies.
Spousal Support and Cohabitation
Contrary to common opinion, cohabitation of a Spousal Support recipient with another person does not immediately result in Spousal Support termination. It does, however, establish a rebuttable assumption that the former spouse receiving spousal support must resolve in order to prevent spousal support payments from being terminated. Despite cohabiting with another individual who may be offering financial aid to that partner, the spouse receiving Spousal Support payments must persuade the court that the need for Spousal Support payments still remains. Spousal Support payments may be terminated based on cohabitation if the spouse receiving it is unable to overcome the burden.
Spousal Support and Retirement
According to California courts, the retirement of the paying partner can also be a cause for the termination of spousal support. The court will recommend ending Spousal Support payments if the paying spouse intends to retire but will continue to work solely to maintain Spousal Support payments. This is particularly valid if the paying partner is 65 or older, but state courts have also approved petitions to end spousal support in cases requiring early retirement, as long as the spousal support factors are adequately weighed.
When is it possible to waive Spousal Support?
Spousal support may be waived by an individual prior to marriage in a prenuptial agreement under California law. There are, however, unique conditions that must be fulfilled in order for anyone to waive or make arrangements for their right to alimony. At the time of signing the prenuptial agreement, the prospective partner must have independent legal representation, and the terms must be fair. If these conditions are met, partners may decide on support before the wedding.
Before you give up your support, think about the following issues:
Before determining whether to seek or accept a spousal support waiver, there are several factors to consider. One thing to consider is whether a partner makes enough money in their current job to be able to forego help while also retaining financial independence.
Another problem is one of the personal values, in which a person must decide whether or not they are comfortable accepting financial support from a former spouse. Some people find the term offensive or contradictory to feminist ideals. Finally, consider whether alimony will compensate for any economic losses suffered as a result of the marriage, whether by employment limitations or through leaving the workforce while the marriage is continuing.
Alternatives to an Alimony Waiver in Its Entirety
Alternatives to a blanket alimony exclusion in a California prenuptial agreement could be worth considering. When opposed to a blanket waiver of support, provisions in the contract that restrict the amount or length of spousal support may not be found unconscionable by the court. For example, a couple may agree to pay alimony for one-half of their marriage's length, or a prenuptial agreement may stipulate that alimony payments are limited to a certain monetary sum, including spousal assistance as a reward for the marriage or if a triggering event happens as an alternative to a blanket waiver.
For example, a spouse may waive alimony until the marriage lasts a certain period of time, or spousal support may be activated if a spouse reaches a certain age, develops a disability, or experiences a situation that prevents the spouse from returning to work after the marriage.
Find an Experienced Divorce Lawyer in Los Angeles
Filing for Divorce in California is a complicated process. You will need all the legal help you can get. Hiring a Family Law Attorney will save you from the confusing caveats of the law as well as help you organize your strategies for winning the lawsuit.
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