The term divorce has a lot of negative connotations attached to it, but it may also refer to a mutually beneficial split. On the other hand, divorce can be contentious and stressful, particularly when it comes to child custody, child support, marital property, asset security, and other family law issues. Regardless of the type of divorce, you are going through, an experienced Divorce Attorney specializing in family law will assist you in navigating the legal system and ensure a fair outcome.


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Find A Family Lawyer in Los Angeles for Your Divorce

Divorces can be complicated in a variety of ways, owing to the difficulty in navigating the California family law court system. Even in a friendly divorce, deciding how to divide property and other properties can be challenging. Tensions may run high when the parties disagree or when children are involved, making the proceedings much more difficult. A Divorce Lawyer will help you navigate the legal system and achieve the best possible result for your case.

Although dealing with your divorce isn't fun, it's also something you shouldn't avoid. You will be able to get on with your life faster if you work with a competent Divorce Attorney as soon as possible.

What Is the Difference Between a Divorce and a Legal Separation?

Both civil separations and divorces are available in California. The procedures of divorce and legal separation are somewhat similar – properties are split, child custody is determined, and so on – but in the case of a legal separation, the marriage is not legally dissolved.

Many of the advantages that married couples receive, such as tax benefits and health care benefits, can be maintained with a legal separation. The only snag is that you won't be able to remarry unless the breakup is converted to a divorce.

If you do not meet the residency criteria, legal separation might be a viable choice. In California, for example, most counties have a three-month residency requirement. However, if you do not fulfill this criterion, you will be able to pursue a legal separation. Your Divorce Lawyer will change the petition to seek a divorce until you meet the residency requirements.

The Petition and Summons

In a divorce case, the "Petition for Dissolution" is the first document filed with the court. The person who files the petition is known as the "Petitioner." Legal separations and annulments both use the same method. Other related papers are filed to begin other forms of family law cases, such as adoptions and paternity proceedings. You tell the court about yourself, your circumstances, and what you want out of the divorce in the petition.

It can be used to tell the court what you believe is separate property and what you believe is community property. It may also be used to inform the court of your wishes about child custody, child support, spousal support, and a variety of other issues. The petition does not constitute a court order. It does not determine property rights, custody, support, or anything else until it is approved by a judge. In addition to the above, the petition serves as a "warning" to your spouse that a case has been filed and what you want. It makes no difference which partner files the petition, and in most cases, being the first to file has no strategic benefit.

When an appeal is filed, the court issues a "Summons." The summons is a legal document that informs the other party that a lawsuit has been filed and that they have 30 days to respond to the petition. In addition, the summons informs the other party of an "Automatic Temporary Restraining Order" (ATRO).

In a divorce case, an "Automatic Temporary Restraining Order" is issued. In essence, ATRO directs All parties to refrain from intervening in the status quo. This involves, among other items, selling properties, closing financial accounts, and relocating the children out of state. Violations of ATRO can have severe effects, and they will never support your case. The court must determine those items that concern all parties, their properties, debts, and children, as soon as the ATRO is released and served. To determine child custody, child care, and who has the right to remain in the family home, a "Request for Order" must be filed.

Service Process

The summons and petition must be "Served" to the other party after they have been filed. A summons must be directly served on the opposing party by someone over the age of 18 who is not the complainant. The job is usually done by a skilled, licensed process server hired by an Divorce Lawyer. As soon as the papers are personally delivered, the clock starts ticking. The served party has 30 days to file a "Response" after that date. If the complainant does not receive a response during that period, the court can enter a "Default" against the served party.

Default

After the 30-day period has passed, the applicant can ask the court to enter a "Default." If the served party is served with a default, the party will be barred from filing papers in court unless they file a motion to set aside the default. The more concerning part of default is the possibility of a definitive judgment in favor of the petitioner. That is, the petitioner can receive all he or she requested in their petition.

Response

The document filed by the served party or "Respondent" to answer the petition is known as a "Response." Related to the petition, the answer is similar. It gives the court the same facts but from the viewpoint of the respondent. The complainant must be provided with the answer, which can be done by mail. After the response has been filed, nearly anything in a divorce case can be served by mail.

Initial Revelations

Parties share financial, asset, and debt information via the petition and response. This is referred to as the "Initial Disclosures." These disclosures must be made by all parties, and they must be truthful and forthcoming with the facts. In certain cases, these disclosures are either insufficient or do not cover a wide enough range of topics. If this is the case, further "Discovery" would be conducted in order to locate the missing data.

Discovery

The mechanism by which the parties seek information or documentation from each other is known as "discovery." Type interrogatories (predefined questions), special interrogatories (those prepared by an attorney specifically for your case), demands production of records, and other related requests are all examples of discovery. "Depositions" can also be part of the discovery process. A deposition is held outside of court, normally in the offices of a Divorce Attorney. The opposing counsel, along with your Divorce Attorney, will question you under oath in front of a court reporter. In what is known as a "Transcript," the court reporter records the questioning and the responses. Since the transcript will be used in court, it is important to provide truthful responses.

Divorce cases in California can include a wide range of issues. Since California's divorce laws are so complex, it's easy to become a victim of the system if you don't get the guidance and advice that only an experienced Divorce Lawyer can give. California is a "no-fault" divorce jurisdiction, which means that no proof of adultery, abandonment or other grounds is required for a divorce to be granted. This helps to speed up the process and prevent the bottleneck that would arise if the grounds were to be proved with hard evidence.


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When it comes to dividing land, determining child custody, and calculating child support, California has its own set of laws. The laws governing child custody and child support in California are overly complicated, and trying to handle them on your own can easily become an overwhelming challenge. Anyone never expects to have to fight for their children during a divorce, but it happens all too often, and being prepared means having the right advice from a Divorce Attorney who is right for you.

Requirements for Financial Disclosure in Divorce Cases

Requirement for Complete Disclosure

When it comes to financial statements between parties in a divorce case, California has some stringent rules. Every party must report 100 percent of all assets and debts as of the date of disclosure and provide the other party with a Preliminary Declaration of Disclosure, as well as the financial disclosure documents themselves, within 45 days of filing a divorce petition.

Documents of Financial Disclosure

The Schedule of Assets and Debts (SAD) and the Income and Expense Declaration (IED) are the two most common financial disclosure forms used in California during the divorce process (IED). The Schedule of Assets and Debts is a comprehensive list of all assets and liabilities, including the date of sale, fair market value, and any outstanding debts. The Income and Expense Declaration is a summary of each party's monthly earnings and expenditures. This document will detail earnings, expenditures, educational history, and asset holdings, such as a bank account balance.

The most critical part of preparing for a divorce case is full financial disclosure. When negotiating settlement terms, all sides should have all on the table. If one party learns that the other has intentionally neglected to report assets or profits, the non-disclosing party will face severe repercussions, including fines, attorney's fees, and the setting aside of a dissolution judgment.

Short-Term vs. Long-Term

Long-term marriages tend to result in more complicated divorces because there are more assets, mortgages, joint properties, insurance problems, and other financial considerations. In addition, when it comes to the length of court-ordered spousal help, long-term marriages (those lasting more than 10 years) and short-term marriages (those lasting less than 10 years) are handled differently in California family courts. In short-term marriages, the court decides the amount of spousal support that will be provided for a fixed period of time (typically half the length of the marriage); in long-term marriages, the court maintains indefinite control over the divorce, allowing it to reevaluate and amend an existing decree as it sees fit.

Minor Children Involved in Divorce

Divorces involving minor children must be handled with caution and the awareness that children are aware of what is going on and often blame themselves for their parent's separation. It is important to protect divorced children as much as possible from the emotional stress of the legal process. Litigation for minor child custody is one of the most difficult aspects of a Divorce Attorney's career, and for the parents, it is also the most stressful part of the divorce process.

Divorce with High Assets vs. Divorce with Low Assets

Low-asset divorces are usually easier to settle because there isn't much money at stake—of course, this is all subjective. Rather than paying a Divorce Attorney more than the war is worth, it is always easier to cut the losses.

On the other hand, the greater the marital estate's worth, the greater the stakes. Given the parties' respective arguments, it could make sense to invest more money and resources fighting for a specific interest. That isn't to say that high-asset cases never settle; it just means that there are occasions when it makes sense from a legal and financial standpoint to refuse to concede a claim for the sake of settlement.

You should always weigh the cost of pursuing a claim against the possible outcomes–win, lose, or draw. A successful Divorce Lawyer would be able to set reasonable standards for you and warn you against wasting money on a losing fight.

Military Divorce

A divorce involving one or both partners serving in the military poses several unique challenges and necessitates a creative, problem-solving approach, particularly when minor children are involved.

Co-parenting arrangements for divorcing military families must take into account unusual work schedules, frequent transfers, and deployments. There are also special guidelines for military divorces, such as health care coverage, retirement benefit separation, and case advancement protocols when one of the parties is deployed.
For a California court to have authority over an active duty partner, the active service member must be personally served with a summons and a copy of the divorce action. If a couple wants to get a divorce without a fight, the military member will file a waiver affidavit indicating that they are aware of the divorce proceedings. In order to apply for a military divorce in California, one partner must reside in the state or be stationed here as an active military spouse. The family law court in California has jurisdiction over the case if at least one partner lives in the state.
Land division in California military divorces is governed by standard state and federal rules. When a military couple divorces, the Uniformed Services Former Spouses' Protection Act (USFSPA) determines how military benefits are split. The service member's retirement will not be split unless the couple has been married for 10 years or more while the member was on active duty, and he or she will have full control of the retirement funds.

Debt & Community Property

Any property or asset acquired during a marriage by either partner, whether vested or not, and whether physical, personal, or intellectual property, is considered community property. Retirement benefits, goodwill value of a company (jointly or fully owned), cash on hand, shares, and bonds, accounts receivable, profits from jobs, money from trusts, and other assets are all examples of this. Unless otherwise agreed to in a marital settlement arrangement, prenuptial agreement, or postnuptial agreement, the value of community property is split equally at divorce. This does not mean that the value of community property as a whole is divided equally; rather, the value of community property as a whole is divided equally.

Any debt incurred by either partner during the marriage is referred to as community debt. When a couple divorces, their community debt is typically split equally, but family law judges may use fair factors to allocate debt unequally. These equal considerations may include any or more of the following, but are not limited to 1) Which spouses benefited from the group debt, 2) Which spouse is more capable of repaying the debt, and 3) Which spouse was primarily pursued to repay the debt by third parties. See Community Property for more information.

Separate Property vs. Community Property

As previously mentioned, all property and debt accumulated during the marriage are regarded as group property and debt. There are exceptions to this law, such as when prenuptial and postnuptial arrangements or third party contracts with the married partners predetermine the character of the land. Often, unless the acquiring spouse has commingled the property with community property, property acquired through inheritance or before marriage and after divorce or legal separation is considered the separate property of the acquiring spouse.

The laws of community property govern the division of assets and debts in California. Community property, in its most basic form, refers to all properties and debts gained or accrued during a marriage. The community property is equally claimed by both parties. All parties are equally responsible for the debt owed to the government. The practical implementation of community property rules, on the other hand, is much more complicated. This is why, if your family law case includes substantial sums of property or debts, you can always work with one of our prescreened Divorce Lawyers.

An illustration of how complex community property laws can be In the case of inheritance in California. In most cases, each partner is entitled to one-half of any asset gained during the marriage, although this does not extend to inheritances. In most cases, if your spouse inherits a million dollars, you will have no claim to it. Now, making a million dollars will have an impact on how much child or spousal care you pay or receive, but it does not immediately become community property.

Many considerations go into determining whether an asset is a group or separate property, and determining how it should be divided without the help of our Divorce Lawyers can be challenging. This is particularly true in real estate cases where one partner contributed separate property to the property's purchase or maintenance. In such circumstances, a Family Code 2640 assessment will be needed to ascertain the extent of the separate property donation made and whether the contributing partner is entitled to compensation or credit.

Tax Consequences

When you meet with one of our Divorce Attorneys, they will go through the tax implications of a divorce. It can surprise you to hear about all of the potential tax implications, but learning about them will help you make smarter decisions about how to divide your assets. This is particularly true when it comes to 401(k)s, insurance, and other types of benefits. A Divorce Lawyer understands how to keep their clients' tax liabilities to a minimum.

The Family Home Is Being Divided

The division of the family home is one of the most emotional and sometimes contentious aspects of a divorce. The method is not only painful for the parties involved, but it is also difficult. The division of the family home is determined by a number of factors. This includes, among other things, how much each party contributed to the home's purchase and repair, the home's valuation and any equity, and the home's salability.

In fact, if the family home has accumulated considerable equity, divorce often results in the selling of the property. If there is little to no equity, one party can be allowed to hold the house if they can make their mortgage payments on time. Most households, on the other hand, are financed jointly by both partners. If this is the case, the partner who wants to keep the house will most likely have to refinance it in their own name. Our Divorce Attorneys are frequently able to help our clients keep their homes. If you want to sell, they will make sure you get your fair share of the profits.

Divorce and Business Division

During a marriage, it is common for one partner to own and operate a company. In a divorce, owning a company will cause a slew of issues. Both partners would have an equal claim to the company if it was started during the marriage and used community funds as startup capital. If the company was held by the partner before the marriage, the situation becomes even more complicated. In any case, a competent business appraiser should be consulted to assess the worth of the company. Other specialists, such as forensic accountants and real estate experts, are frequently needed to fully determine the business's worth to ensure that all of the company's assets have been found.

Debts and Obligations are Divided

Both parties are liable for the debts and liabilities accrued during the union, just as they are for community property. Tax debt, credit card debt, credit lines, and other types of debt are examples. Even if your salary is slightly lower than your spouse's, you will be responsible for at least half of the debt, so finding the right Divorce Attorney is critical.

You may not be aware that, even though the debt is allocated to one partner, both parties are still responsible for paying the debts incurred during the marriage. This can cause unique issues, such as unnecessarily burdening one partner with debt or forcing them into bankruptcy. This is because contract law takes precedence over family law (e.g., you both entered into a contract with the credit card company, so even if your spouse is ordered to pay off the credit card, you still are liable for the outstanding balance).


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If your spouse fails to pay the debt, the creditors will seek payment from you. If your partner declares bankruptcy, they may be free of the mortgage, but you will still be responsible for it. Our Divorce Attorneys have a thorough understanding of how debt division works. They will battle to ensure that you are safe after the divorce judgment is finalized.

Sometimes, either before or after the divorce is filed, one partner may take advantage of the community credit. It could have been to buy luxury goods for their new boyfriend or girlfriend, or it could have been to spend it on themselves, deliberately running up the bill to put you in debt.

Keeping Assets Hidden During Divorce

A spouse may misuse the community estate in a variety of ways, including hiding income, hiding bank accounts, hiding property, and falsifying deeds, notes, and other records. The spouse who committed the abuse can forfeit their right to the asset if they hide those assets or otherwise abuse the community estate. If your husband, for example, conceals the fact that he won the lottery during the marriage and bought the ticket with community funds, he or she will be forced to pay you the full sum of the winnings.

Both husband and wife have a fiduciary relationship with one another. This means they owe each other the utmost loyalty and integrity during the divorce and, to a degree, thereafter. The issue is that although you might have disclosed everything, your spouse is hiding information about an asset about which you are unaware. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

You haven't been able to locate your spouse.

In California, divorce papers must be served in person first. Even if your partner resides in another state, you can file for divorce in California if you have met the six-month residency criteria. If a spouse's whereabouts are unknown and you've tried anything to locate their address, you can ask the court to either print the summons in "a general circulation newspaper" or have the summons posted by the court clerk at the courthouse.

Depending on how our state's courts interpret the term "publication," posting a note and a photo of the court summons on Facebook may be considered an appropriate type of publication, particularly if the court is sure that the spouse will see the notice in this manner. While it's impossible to tell if our state's judges will reach the same conclusion, this case does highlight an intriguing interpretation of the law and creative use of technology to aid in the resolution of family law issues such as divorce.

Spousal Support and Alimony

When a couple begins the divorce process, there are a number of topics to consider, including financial issues such as alimony or spousal support.

Spousal support applies to payments made from one partner to the other after a divorce has been finalized. These payments are intended to assist a former partner in maintaining the lifestyle to which they have become accustomed during the marriage.

Since divorce often involves a spouse who has been unemployed for a prolonged period of time, it can be difficult to maintain a reasonable standard of living. That's where state laws come in: they help close the gap for spouses whose quality of life is in jeopardy.

In California, there are many different types of spousal support.

In the aftermath of a divorce, a court can grant one of two forms of spousal support. There are two types of alimony: temporary and permanent.
  1. Temporary alimony is a monetary contribution provided by the higher-earning partner to their former spouse during the divorce process in order to provide financial support. However, after the divorce is settled and a permanent spousal support award is in effect, this payment ceases.
  2. Permanent alimony, also known as "long-term" support, is a regular support payment provided by the payor partner to their previous, "sponsored" spouse. This form of spousal support, unlike temporary alimony, is awarded to help the lower-earning partner retain the marital standard of living after the divorce is finalized.

The length of a marriage affects spousal support.

While permanent alimony tends to be a permanent order, only a small percentage of spousal support awards are actually permanent. This is usually determined by the duration of the marriage. Short-term relationships, or those lasting less than ten years, are unable to receive help awards that are greater than half the duration of the marriage.

It's worth noting, however, that the duration of a marriage is calculated from the date of marriage to the final date of divorce.

Spousal Support Factors to Consider

There are a number of factors to consider before a court issues a spousal support award, especially permanent alimony:
  • The marketable skills of the sponsored partner, as well as the job market's ability to accept those skills.
    • This can include any education or training that is required to improve and grow certain skillsets.
  • The financial needs of both partners in comparison to the marital standard of living
  • Both partners' financial commitments, debts, and properties
  • The duration of the union
  • All partners' ages and general well-being
Though a spousal support agreement may often be reached as a result of a prenuptial agreement, this is not always the case. If the parties are unable to reach an agreement on permanent alimony, a judge may determine the cost and length of any long-term spousal support grant.

Child Support

Although child support requirements are most often associated with divorce, they may also be imposed on parents who have never been married. According to California law, a parent has a moral duty to ensure that their child is well cared for, which includes both child custody and child support. Child care is often linked to child custody agreements. The custodial parent (the parent with whom the child resides the majority of the time) may frequently receive child care from the non-custodial parent. Whether or not the parents were ever married, the non-custodial parent has a continuing duty to pay child maintenance.

Calculations for child support

Many different factors influencing both parents and children are taken into consideration when calculating child support. While parents often come to their own child support agreements, California law offers specific requirements based on income and the needs of the child. A judge will usually sign off on the arrangement if the parents can come up with a proposal that complies with state laws. If the parents are unable to agree on child support fees, the sum will be determined by a judge.
Child support is primarily determined by the paying parent's salary. A proportion of the non-custodial parent's monthly income will be determined using a formula. This sum may be increased or decreased depending on external conditions and a child's monthly expenses. When deciding the amount of child care, a court will not accept extraneous expenditures such as designer shopping sprees but will consider the child's lifestyle. A court will also take into account continuing tuition expenses, hospital costs, and any extracurricular activities with monthly dues.
Child support payments can be adjusted as conditions change over time. If the parents agree that their children should attend private school rather than public school, a court will amend the child support agreement to raise monthly child support payments to cover the cost of tuition. If the non-custodial parent loses their employment, on the other hand, a court can change the child support payment, either temporarily or permanently, depending on the circumstances. Outside considerations, such as a parent's remarriage, have little bearing on continuing child support commitments, regardless of the new spouse's income.

Failure to Pay

If you or your partner is unable to pay child support or fails to meet the minimum payment rates, the paying party will be subject to harsh penalties. Child support arrears are a serious matter in California, and the courts take it very seriously. The court may hold the party who is behind on their payments in contempt. Being found in contempt of court will result in hefty fines and prison time. Failure to pay child support will lower a person's credit score and result in repercussions such as liens on their property or wage garnishment.
In addition to imposing penalties for failing to pay child support, California courts can order the parent to pay a higher amount to the beneficiary. The California courts will charge 7% interest on unpaid child support owed on or before January 1, 1983, in cases where the child support was due on or before that date (arrears). Prior to this, there would be a ten percent interest rate. The paying party would be responsible for making up any missed child support payments as well as paying the additional interest. In California, a judge cannot prevent interest from accruing on unpaid child support.
If you are the paying parent under a child support arrangement, you can never stop paying child support unless you have a court order exempting you from the obligation. And if you and your co-parent have made a verbal arrangement, it is unlikely to be upheld in court. To stop owing your ex-spouse back pay and interest, you'll need a court order formally changing the payment schedule. For assistance with your amendment request, contact one of our Divorce Attorneys.

Find A Divorce Attorney in California

The legalities of divorce are complex and lengthy, and the difficulties can be eased with the help of a Los Angeles Divorce Lawyer1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can put you in contact with a California Lawyer best fit to handle your case.