Los Angeles Divorce Lawyers

Divorce can be a difficult time to go through, but knowing the basics of what to expect can make it less daunting. Here's a general look at some important legal concepts involving California divorce to get you started.

California law has certain residency requirements for divorce. You can file these papers only if your spouse or you have lived for six months in California. A spouse also must have lived for three months in the county where the papers are filed.

The main reason for divorce in California is called "irreconcilable differences," which means your spouse and you just can't get along anymore. There's also a less common reason for divorce: if one spouse has a permanent legal incapacity to make decisions.

Even though most divorces in California are based on irreconcilable differences, they can still be quite different from each other. One key difference is whether the divorce is uncontested or contested. In an uncontested divorce, both spouses agree on all aspects of their separation, such as property division, child custody, and support. This type of divorce is usually quicker and less stressful, since there's no need for a court to settle disputes. On the other hand, a contested divorce happens when the spouses can't agree on one or more issues. When this occurs, those unresolved matters will need to be decided by a judge in court, which can make the process longer and more complicated.

There’s also a summary dissolution process that spouses can use in limited situations. California law sets out several requirements that you need to meet for a summary dissolution. For example, your marriage can’t have lasted for five years, and you must not have any children or any real estate.

Sometimes spouses can make their divorce faster, cheaper, and more amicable by using mediation or collaborative divorce. Mediation means that a professional called a mediator tries to help the spouses find common ground so that they can reach an agreement rather than fighting to the end in court. A mediator can’t set the terms of your divorce for you, though. Collaborative divorce happens when each spouse hires an attorney, and the spouses and their attorneys work together in trying to sort out an agreement. If it works, this can turn a contested divorce into an uncontested divorce, saving everyone time, expense, and stress.

When it comes to dividing property in a divorce, most states in the U.S. use an equitable distribution model, which means that property is divided fairly, although not necessarily equally. However, California does things differently. It's a community property state. Any property or income acquired during the marriage is generally considered to be owned equally by both spouses, regardless of who earned or purchased it. This has important implications if you get divorced.

A court will let each spouse keep their separate property. This consists of assets that were acquired before the marriage, in addition to some distinctive types of property like gifts and inheritances. The court then will divide the community property 50/50 in most cases. However, if your spouse and you have a premarital or post-marital agreement, it can outline different terms for how your property should be divided. These agreements generally take precedence over the default 50/50 split, as long as the court finds them to be valid and enforceable.

Sometimes a judge will order one spouse to pay spousal support (traditionally known as "alimony") to the other spouse after their divorce. The amount of support should be fair and reasonable based on the standard of living before the divorce. Some factors that go into a spousal support order include:

• The needs of each spouse
• The age and health of each spouse
• The ability of the paying spouse to pay support
• The duration of the marriage
• The obligations and assets of each spouse
• Whether and how much the recipient contributed to the education, training, or career of the paying spouse
• Evidence of domestic violence
• Tax consequences for each spouse
• The goal of making the recipient spouse self-supporting within a reasonable time

The court also has broad discretion to consider any other factor that would be fair.

When parents decide to divorce before their children are grown, they will need to address important matters about child custody. There are two main types of custody to consider: physical custody and legal custody. Physical custody determines where the child will live, while legal custody refers to the authority to make significant decisions about the child's life, including their education, religious upbringing, and health care. In some cases, both parents may share these rights, which is known as joint custody. In other cases, one parent may be granted sole custody.

Ideally, the parents will work together on a parenting plan that describes how they want to handle custody issues. They can submit the plan to the judge, who will probably sign off on it if it’s in the child’s best interest. Otherwise, the judge will need to decide custody based on the child’s best interest. This involves looking at factors such as:

• How well each parent can care for the child
• The child’s age and health
• The emotional ties between each parent and the child
• The child’s ties to their school, home, and community
• Evidence of family violence or substance abuse

When parents go through a divorce, one parent might be required to pay child support to the other. In California, as in many other states, the "income shares" approach is used to determine the amount of child support. This means that the combined incomes of both parents are taken into account. Typically, there is a state law formula that is used to calculate the support amount, but judges have the flexibility to adjust this if the standard formula would lead to an unfair outcome. For instance, if the parent who is supposed to pay child support has a very high income, strictly following the formula might result in an excessive amount that goes beyond the child's needs. Conversely, if the child has special needs, they might require more support than the formula suggests. Just as with child custody, parents can agree on a child support arrangement and present it to a judge for approval.

To initiate your divorce, you'll need to complete and file a petition and a summons. If your spouse and you have children, there will be additional paperwork required. These forms need to be submitted to the court, which usually involves paying a filing fee. However, if you're experiencing significant financial hardship, you may qualify for a fee waiver to help ease the burden.

After filing your divorce paperwork, the next step is to have the documents "served" to your spouse, which means officially delivering them. You can't do this yourself; someone else must handle it. Many people opt to have the county sheriff deliver the papers, but you can also hire a professional process server or ask any adult who is not involved in the case to do it. Once your spouse has been served, the person who delivered the papers will complete a form confirming that the service has been done. This form needs to be filed with the court as well. Your spouse then has 30 days to respond to the divorce papers. If they don't respond within this timeframe, the divorce process can still move forward.

If your spouse and you agree on all the terms of your divorce, you can finalize an uncontested divorce by drafting an agreement that outlines how you've resolved all the issues. This agreement is then submitted to the court for review. If the judge approves it, which is typically the case, it becomes legally binding and enforceable. However, if your spouse and you cannot agree on certain issues, your divorce is considered contested. This might lead to a trial where a judge will make the final decisions. In some cases, specific disputes can be addressed in a hearing that is shorter and less complicated than a full trial.

Regardless of whether your divorce is contested or uncontested, California law requires a waiting period before the divorce can be finalized. This waiting period lasts six months from the date your spouse is served with the divorce papers.

Divorce can be challenging for anyone, even if it’s not bitterly contested. Residents of Los Angeles and the surrounding cities can check out local resources that could help make the process easier.

The Family Court Services Department in the Los Angeles County Superior Court provides free mediation for parents going through child custody matters. A mental health professional can help them develop a parenting plan that works for their kids. If the parents eventually agree, the mediator can write up the plan in preparation for presenting it to the court.

Meanwhile, the office of the Family Law Facilitator in the Superior Court can help people who don’t have a lawyer work through issues related to child and spousal support. They can help explain the law so that you can fill out the forms accurately and represent yourself more effectively than you could otherwise. However, the Family Law Facilitator doesn’t provide legal representation or serve as an attorney.

The Self-Help Resource Center Service Catalog on the Superior Court website also provides on-demand workshops and other useful resources related to filing for divorce and certain issues that can come up during that process.

Some spouses who are considering a divorce or starting the process have had to undergo the traumatic experience of domestic abuse. If you’re in this difficult situation, you can explore the domestic violence resources offered by the City of Los Angeles. These include a 24/7 confidential hotline at 800-978-3600, as well as a list of legal services providers such as Community Legal Aid SoCal, the Legal Aid Foundation of Los Angeles, the Los Angeles Center for Law and Justice, and Neighborhood Legal Services Los Angeles.

The LA County Department of Public Health also provides a list of hotlines and resources. An organization called Peace Over Violence provides emergency, intervention, prevention, education, and advocacy services to people in Los Angeles and cities in the West San Gabriel Valley. The California Partnership to End Domestic Violence offers a map where you can find domestic violence organizations in your community.

For general information about getting a divorce, you can explore the free articles in the Divorce Law Center in the Justia Legal Guides. These offer a thorough yet readable description of some issues that the spouses may need to address. We also have compiled 50-state surveys on key topics in family law. Check out the California entries related to:

• Uncontested divorce
• Property division
• Spousal support (alimony)
• Child custody
• Child support

Meanwhile, the Justia Ask A Lawyer platform allows you to post a question about a particular aspect of your divorce. Attorneys in Los Angeles or elsewhere in California can read it and share their thoughts, based on their knowledge of the law and their experience in similar cases. However, you should be aware that a lawyer who answers your question doesn’t automatically become your attorney and have a duty to represent you.

When you decide that you want legal counsel and advocacy, you can use this resource in the Justia Lawyer Directory to explore divorce lawyers throughout the Los Angeles area. By comparing your options here, you can start getting a sense of which attorneys might be good fits for you.

Divorce cases in the Los Angeles area proceed in various courthouses of the Los Angeles County Superior Court. The downtown location for divorce cases is the Stanley Mosk Courthouse at 111 North Hill Street. However, the Superior Court has several other locations throughout the county that handle divorce and other family law matters, including;

• Chatsworth Courthouse, 9425 Penfield Avenue, Chatsworth
• Compton Courthouse, 200 West Compton Boulevard, Compton
• Governor George Deukmejian Courthouse, 275 Magnolia Avenue, Long Beach
• Michael Antonovich Antelope Valley Courthouse, 42011 4th Street West, Lancaster
• Pasadena Courthouse, 300 East Walnut Street, Pasadena
• Pomona Courthouse South, 400 Civic Center Plaza, Pomona
• Santa Monica Courthouse, 1725 Main Street, Santa Monica
• Torrance Courthouse, 825 Maple Avenue, Torrance
• Van Nuys Courthouse East, 6230 Sylmar Avenue, Van Nuys
• Whittier Courthouse, 7339 South Painter Avenue, Whittier

Once you figure out which courthouse will be handling your case, it’s a good idea to look up its contact information, operating hours, and other basic logistical details.

Navigating a divorce can be highly challenging, especially when emotions are running high. Having a skilled attorney by your side can make a significant difference. They can help you gather crucial evidence, from financial records to witness testimony, and develop compelling legal arguments on your behalf. An attorney also can ensure your case progresses smoothly by managing deadlines, keeping track of necessary procedures, and handling all the paperwork. Their experience with the local courts and judges can be invaluable. If they've represented other spouses before your judge, they might have insights into the judge's preferences and tendencies, which could help you achieve a more favorable outcome.

Even if your spouse and you believe you'll avoid a courtroom battle and reach a settlement amicably, a lawyer can still be an invaluable asset during negotiations. They can carefully review any agreements proposed by your spouse or their attorney, ensuring that you fully understand all the terms and that your rights are protected. Having a lawyer in your corner can also provide leverage, motivating your spouse to treat you more fairly and negotiate in good faith. It demonstrates that you're serious about protecting your interests.

Perhaps you're fortunate enough to agree with your spouse on all the major issues without much debate. You might feel like you don’t need a lawyer in this seemingly straightforward case. However, it's still wise to have a lawyer look over your agreement before submitting it to the judge. They can identify any potential issues you may have missed, such as unforeseen tax implications or ambiguities in the language. They can also advise you on how to address anything that might cause the judge to hesitate before signing off on the agreement. A lawyer's objective perspective can be crucial in ensuring that the agreement is truly fair and protects your future interests. Divorce is a complex legal process, and even the most amicable separations can benefit from professional legal guidance.

Finding the right divorce lawyer in Los Angeles can feel like a daunting task, given the sheer number of attorneys practicing in the region. Each lawyer offers a slightly different approach and set of skills, so it's crucial to find someone who fits your specific needs and preferences. A key factor is experience. You want a lawyer with a proven track record of successfully handling cases similar to yours. For example, if it looks like you’re headed for a fight over whether your premarital agreement is enforceable, you may want to work with a lawyer who has represented spouses in this type of dispute.

In addition, you should check out client reviews and testimonials. These can provide valuable insight into a lawyer's effectiveness and client satisfaction. Furthermore, reviews and recommendations from other attorneys can offer a peer perspective on a lawyer's reputation and professionalism within the legal community.

A lawyer's ethical conduct is paramount. While a single, minor ethical infraction long ago might not be enough to stop considering a lawyer, a pattern of disciplinary actions or a major ethical violation should raise serious concerns. You're entrusting your future to this person, so you need to be confident in their integrity and commitment to upholding professional standards.

Most divorce lawyers offer initial consultations, which provide a valuable opportunity to discuss the basics of your case and assess whether the attorney is a good fit. This meeting allows you to gauge the attorney's understanding of your situation, their communication style, and whether you feel comfortable sharing sensitive information with them. It's often wise to meet with several attorneys before making a decision. This allows you to compare different approaches, personalities, and fee structures. You'll want to choose someone you trust to advocate effectively for your best interests. Don't rush this decision; it's one of the most important you'll make during your divorce.

1. Does one of us need to move out before we can file for divorce?

   No, you can get a divorce based on "irreconcilable differences" without physically living separate and apart for any length of time.

2. What's the difference between a divorce and an annulment?

   An annulment is different from a divorce in that it declares a marriage was never legally valid in the first place, whereas a divorce ends a marriage that was legally recognized. The grounds for obtaining an annulment differ from those for a divorce. Reasons for an annulment can include issues such as fraud, lack of mental capacity, duress, or a physical inability to consummate the marriage.

3. Do mothers have an advantage in custody disputes?

   Not under the law. Judges will make custody decisions based on the best interests of the child. California law specifically prohibits a judge from considering the sex (or the sexual orientation) of a parent in deciding what’s best for a child.

4. How are divorce attorneys paid?

   Divorce lawyers typically charge by the hour, so the more time they spend on your case, the higher the fee will be. However, for simpler, routine tasks, some lawyers may offer a flat fee. If you're experiencing financial difficulties, don't hesitate to ask your attorney about payment plans, which can help you manage the costs by spreading them out over time.

5. Does California have common-law marriage?

   No, California doesn’t recognize common-law marriage. This means that if you are living with a partner but are not legally married, either of you can end the relationship without going through the formal divorce process.