Updated: Nov 21, 2020
Learn about California divorce requirements and why hiring a divorce lawyer in Los Angeles might be a good idea.
You could be tempted to apply for divorce on your own using court records or material from a book or website if you are seeking a divorce in California. While in certain cases, a do-it-yourself divorce might be appropriate, most individuals should consider hiring a pre-screened Los Angeles divorce lawyer to represent their interests when the custody of a child or division of assets are at stake. Here are some reasons why an individual during a divorce proceeding should consider getting an unbiased and impartial referral from a California Bar Certified Lawyer Referral Service.
Getting A Divorce In California
Marriage reflects engagement, friendship, and commitment to jointly navigate the challenges of life. However, even the most promising partnerships often collapse.
Many couples find that their relationships need to end despite their best attempts to the contrary, from infidelity to finances, incompatibility, or simply growing apart. In terms of both emotions and logistics, these scenarios are extremely stressful.
On the one hand, you have the mental and emotional improvements to redefine your living environment and interpersonal relationships fully. You face the dynamic cycles of your spouse's disengagement of your house, investments, retirement funds, benefits, and more. You must also navigate custody and child support if you have kids, which adds an even more difficult aspect to your divorce process. When you hire a pre-screened California divorce attorney, you'll have peace of mind that a professional in family law will protect your interests.
Expert Advice on California Divorce Law
An skilled divorce lawyer may assist a person during a divorce to make sure that he or she gets what he or she needs. Based on the condition of the couple, state laws do not generally endorse an even division of properties. In certain situations, a partner is also entitled to retirement or other income that will be earned by the other spouse in the future.
A Los Angeles divorce attorney can be an invaluable resource if your marriage has any difficult problems to address. For example, if there are complications with child custody and support, significant income, debts, assets or potential assets (inheritance, etc.), then you can employ a divorce attorney to protect your divorce interests.
Reduce Stress During The Divorce Process
For everyone involved, divorce is a difficult time. One way to alleviate divorce tension is to employ a Los Angeles attorney to complete a divorce. Although the lawyer will need to obtain details from you, nearly everything else will be taken care of by him or her, leaving you more time to take care of yourself and your family. When you get divorced, you have enough things to think about. Let a pre-screened Los Angeles divorce attorney take care of the legal work.
Avoid Making Mistakes
When completing their own divorce, there are two key explanations why people make mistakes: the legal system is complex and the tension of the divorce makes it difficult to think clearly. You can make a big error in a divorce case if you simply fail to deal with a problem such as medical or credit card debt or if you underestimate or overestimate the value of an asset. Such an error may cause financial loss or demand that subsequent legal proceedings be corrected. You may be assured by hiring a divorce attorney that your case is being handled correctly for the first time and that you avoid expensive errors that you can regret for the rest of your life.
Clear and Binding Agreement
While all divorce papers you file will be checked by a judge, the court will not understand what you are attempting to do at each stage of the divorce. This may lead to an order of divorce saying something other than what you expected. You may be assured that the legal papers sent to the court will clearly state your desires by using an attorney and that the divorce settlement will be free of inconsistencies or ambiguous wording that could make it difficult or impossible to implement parts of the agreement.
While an individual can use documents issued by the court to file for divorce, it may also be difficult to complete the correct forms and provide sufficient details and documentation. A individual who goes to court without legal representation may find that a delay in the court's decision may result in problems with the paperwork or other problems. This will greatly postpone the date that the divorce is final. A individual may prevent paperwork or other concerns that may trigger a delay and have the divorce done as soon as possible by hiring a a divorce attorney.
The Divorce Process In California
To get divorced in California, you have to follow certain steps. Remember that after the divorce is filed, there is a statutory six-month waiting period before it is finalized, so don't expect to immediately take care of this.
Either of the two parties must file in superior court in the county where they meet the residence requirements to start the process for a divorce. The partner who applies for divorce is the plaintiff. The applicant must give copies of the divorce petition and all other applicable documents to the other partner, known as the respondent.
The divorce could go a variety of ways from there. The easiest path is when all parties represent themselves and come up with a proposal without requiring divorce attorneys for the division of property and childcare. However, this isn't always the case and when both parties are pulling the rope on different directions, you must consult with a divorce attorney.
California Residency Requirement
At least one of the spouses filing for divorce must be a California resident for at least six months or 180 days before a divorce can be filed in California. You then must wait at least six months from the date your spouse got the papers before the divorce can be finalized until you have filed the divorce and given the documents to your spouse.
No Marriage of Common Law
There is no common law marriage; you are not married until you have received a marriage license and entered into a civil partnership. Until you are legally married, you can not get a valid divorce. No matter how long you've lived together or whether one of you has taken the name of the other.
Grounds For Divorce In California
The fault is not completely meaningless, as the court may recognize certain facts in dividing property or granting alimony if the spouse left the family or was abusive. A judge might order your spouse to repay you if your spouse wasted community funds, such as gambling or on an affair.
Division of Assets
California uses a community property scheme, ensuring that all the property and debts you accrued during your marriage are fairly divided between the two of you at divorce. That includes all kinds of money, revenue savings, land, and everything else you own. However, it does not include the separate property of either spouse, which includes inheritances, gifts, and property held by the spouse before the marriage, as long as the separate property was not mixed up with the marital property.
Custody of Children
California courts start with the premise that a child should have regular and continuous communication with both parents after a divorce. Judges want to support joint custody agreements where necessary. However, the specifics of the parenting strategy will be dictated by the best interests of the kids. If parents may agree to a plan for parenting, it would normally be accepted by the court. You will be ordered to attend mediation sessions if you can't agree. Otherwise, the court will take over, and the judge will determine how you can spend time with your kids.
Help for the Child
California, like all states, allows parents, even after a divorce, to support their children. The monthly allowance set for child support is based on each parent's income, other resources, and the amount of time each parent spends with the kids. The courts will often "impute" revenue to a parent who has the potential to earn more than he or she receives.
California Same-Sex Divorce and Marriage
In the Obergefell v. Hodges case in 2015, the U.S. The Supreme Court ruled same-sex marriage lawful in the world. Today, all Americans can exercise their freedom to marry anywhere in the United States, regardless of gender or sexual orientation. As a result, same-sex marriages validly carried out in other jurisdictions must be recognized by all states. Same-sex married couples in California have the same right to seek a divorce as opposite-sex married couples.
In California, as long as they satisfy the state criteria, including the residency requirement listed above, any married couple ( including same-sex couples ) can get a divorce.
California also allows and accepts domestic partnerships. Within six months after filing a Notice of Dissolution of Domestic Partnership with the California Secretary of State, registered partners will be allowed to dissolve their relationships. Before the six months are finished; if either spouse challenges the termination, they will have to go through the conventional divorce process.
How To Find Honest And Reputable Divorce Lawyers In Los Angeles
The consequences of a divorce can be permanent and affect your personal and professional life. You should immediately consult with a pre-screened Los Angeles divorce attorney with experience in California family law.
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By calling the 24-hour lawyer referral hotline at 1-661-310-7999