Divorce / Dissolution of Marriage in Los Angeles

With divorce come a lot of challenges.  The Divorce attorneys at the Los Angeles Law Offices of “Insert Attorney Name” are experienced in family law and ready to meet all those challenges.  We also have the compassion to get you through this emotional time. We will get you through this from step one until the signing of the divorce decree.

Overview

Step 1

• Once you decide to go ahead with a divorce, you must process divorce papers:
  • Summons
  • Petition
  • Order to Show Cause
  • Temporary Restraining Orders
  • Declarations – Income, Expenses
  • If needed:  Response and Responsive Declaration to Order to Show Cause

• After the paperwork is complete, they are served on your spouse
• If you and your spouse agree to this divorce, it can be final in about six months.

Step 2

• After the papers have been served, an initial hearing is held to Show Cause.  This usually occurs within 25 days of the initial filing.  Issues discussed at this hearing are:
  
• Child custody, support, visitation
• Spousal support
• Restraining orders if necessary
• Who will live in the home
• Who will use the vehicles
• Attorney fees
• All finances pertaining to the children

Step 3

• The exchange of written discovery requests and sometimes depositions take place.
• At this time, information such as financial statements is received.
• A settlement offer will be made.
• If agreed on, a settlement agreement will be prepared showing how assets will be distributed
• It will also address custody, support and visitation issues
• Once it is signed, it is filed in the Los Angeles Superior Court
  

Step 4

• If an agreement cannot come about, a trial date will be set within four months.
• The court will assign a Mandatory Settlement Conference date about six to eight months from when the trial was originally requested.
• You will meet with a judge or a couple of Family Law attorneys
• The Settlement Conference Brief will be reviewed and a recommendation given
• If the matter is not settled, a trial date will be set within forty-five days

Child Custody

• Physical custody refers to the parent who has the physical responsibility regarding care of the child.
  

Joint Physical Custody

• Each parent will have equal periods of physical custody
• They can share joint custody
• The periods of time can be different:
• One can have alternate weekends and the rest of the time for the other parent.

Sole Physical Custody

• One parent has the child most of the time.
• One parent has all the day-to-day responsibilities of raising the child.

Legal Custody

• One parent will have authority to make all decisions relating to the child’s life.
• Medical
• Education
• Religion
  

Joint Legal Custody

• California law encourages judges to award joint legal custody
• Both parents have the authority to make decisions regarding the child’s life (Medical, Education, Religion, etc.).
• They must agree on all major decisions.

Sole Legal Custody

• One parent makes all the decisions.
  

Child Support

• A parent's most important obligation is to support his or her minor children.

• A child support payment is the first priority before any other payment is to be made.

• If you do not make your child support payment, you can be
• Sent to jail
• Fined
• Ordered to perform community service
• Amount - California state child support guidelines considers
• Each parent’s net income or earning capacity
• Time spent with child
• Added to payments are child care, education costs, special needs

• Health insurance must be maintained by one or both parents
• Costs not reimbursed by insurance are to be shared by both parents
• Support continues until child finishes high school (18 to 19 years old)
  

Spousal Support or Alimony

• Spousal support is payment from one spouse to another.
• This is payment for the spouse’s support pending the divorce and sometimes after the divorce for a period of time.
• Either spouse is eligible to pay support to the other.
• The primary caretaker of the children usually receives the support.
• Permanent support – judge considers the earnings, age, health, obligations, etc.

Property Division

California law requires that community property and all debts be equally divided.

Sole and Separate Property

Assets and/or property you brought into the marriage are considered sole and separate property.  This includes:

• Inheritances
• Gifts
• Personal injury awards
  

Community Property

Any property or assets that were purchased during the marriage are considered to be community property.  This property is divided equally between you and your spouse.

While many divorces can be settled amicably, it is to your benefit to have a lawyer stand up for you and your children.  The Divorce attorneys at the Los Angeles Law Offices of “Insert Attorney Name” have your best interests at heart and we will fight for you during this devastating time.