Divorce Law in Los Angeles, CA

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Los Angeles, California? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved In Los Angeles, 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 

One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like California, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt,  and other assets.

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.

The California Family Code lays out a mathematical formula used to determine child support. The court takes into consideration the parents’ incomes, how much time each parent spends with the child, and any tax deductions available to either parent. Child support in Los Angeles can be paid online or by mail through California Child Support Services.

Additionally, according to California Child Support Services, failure to pay child support in Los Angeles can result in suspension of your driver’s license or passport, and bank and property liens. As well, failure to pay can lead to the interception of tax refunds and lottery winnings. As a last result, civil contempt charges may be filed which could result in jail time.

Alimony 

Alimony, or spousal support, can vary dramatically depending on the marriage, and Los Angeles, 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

California Family Code allows for temporary spousal support which is paid to one spouse while the divorce is going on. Once the divorce is final, the judge can order long-term spousal support in Los Angeles. The number of years the support is paid is based on a number of factors, including the standard of living established in the marriage. If the marriage lasted for more than 10 years, the judge may not set an end date to the spousal support.

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.

Under California Family Code, the courts do not automatically give custody to the mother or the father, no matter the age or sex of the children. When deciding custody in Los Angeles, the court will consider the age and health of the child, and the child’s ties to school, home and community. Emotional ties between the parents and the child are also considered, along with any history of family violence or substance abuse.

Generally, Los Angeles, 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 Los Angeles, 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.

You can obtain a no-fault divorce in Los Angeles if “irreconcilable differences” is listed as the cause of the divorce.

Step 2: Request Temporary Orders

The divorce law process in Los Angeles 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 file a divorce petition, you must ensure your spouse is served with the divorce papers and file proof of service with the court. If your spouse agrees to accept service, they must complete an affidavit confirming this. However, in most cases, you’ll need to hire a process server or sheriff to formally serve the papers. The third party is then responsible for recording 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 Los Angeles, 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. 

In California, the Superior Courts have jurisdiction over divorce, annulment, and legal separation. If you live in Los Angeles, you will typically file for divorce in the Los Angeles County Superior Court.

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 Los Angeles, 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 Los Angeles 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">(866) 345-6784 to speak 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. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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