Divorce Law in Long Beach, CA
Are you facing a complex divorce in Long Beach? Finding legal help is central to getting through this emotionally challenging time.
Don’t face the burdens of divorce alone. Join us as we delve into the essential parts of the law and empower you to take charge.
Issues Involved in Long Beach, California Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
Dividing property, debts, and assets is often one of the most complex aspects of the divorce process. In many states, including , anything you and your spouse acquired during your marriage is subject to division. This can include real estate, bank accounts, vehicles, stocks, and more.
Some states divide marital property equally, while others take an equitable approach. In equitable division, the judge considers the contributions each spouse made to the marriage and uses that to determine how property, debts, and other assets will be allocated. As a result, this may not always result in a 50/50 split.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
California law considers more than the parent’s income. A judge in Long Beach also has an interest in the time each parent spends with the child. Moreover, it considers costs like healthcare and education. This method tries to ensure fair and consistent orders across the state.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Long Beach, CA divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
A court in Long Beach may order temporary spousal support under California Family Code Section 3600. Permanent or long-term support occurs based on marriage length, earning abilities, and contributions during the marriage.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
Critical factors, as outlined in California Family Code Section 3011, include:
- The child’s health
- Safety
- Welfare
- Emotional bonds with each parent
- Each parent’s ability to offer a stable environment
Generally, Long Beach, California courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Long Beach, California
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
California is a “no-fault” divorce state. Spouses in Long Beach can seek dissolution of their marriage without having to prove fault.
Step 2: Request Temporary Orders
The divorce law process in Long Beach can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Long Beach, CA judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Divorce cases in Long Beach go through the Superior Court of California, County of Los Angeles. These courts handle a wide range of family law matters.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.
Work With an Experienced Long Beach, California Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Long Beach divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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