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In California, there are three main ways to end a marriage: divorce, legal separation, and annulment.It is not necessary for both spouses to agree to end the marriage; you can divorce your spouse even if he or she refuses to participate in the process (this is not true for legal separation, but if you were planning on a legal separation and your spouse refuses to participate, you can easily amend your petition and request a divorce instead).
Apart from the emotional upheaval that often accompanies divorce, there are also several important legal considerations involved in rearranging the family dynamic. To add to the confusion, many divorcing spouses also face tough decisions regarding whether to sell the family home, how to characterize and divide their assets, and how to devise parenting time in a way that best promotes their children’s interests.
If you are preparing for a divorce or legal separation in California, several of the issues discussed on this page will likely arise during your divorce. Call the experienced divorce attorneys in Los Angeles at the Martin Family Law Group are here to help. Call (310) 694-9533 to schedule your free consultation. Our legal team is experienced in handling both routine and complex dissolution matters and will work closely with you to ensure you are at ease with the direction of your case.
California is a “no-fault” divorce state. This means the spouse requesting the divorce does not need to show that the other spouse did something wrong, and can simply state that the parties have “irreconcilable differences.” This also means that absent any abuse or domestic violence, courts are not interested in evidence that your ex lied, cheated, or otherwise broke your marriage vows. Because there is no punishment for cheating or being a “bad” marital partner in the state of California (short of perpetrating domestic violence), a wronged spouse is not entitled to receive a larger share of the marital assets, more child custody or parenting time, more spousal support or child support, or any other form of compensation for the emotional distress that typically accompanies divorce.
At Martin Family Law Group, we realize that most marriages, like people, are flawed. If the “perfect marriage” exists, it is a rare one. Regardless of the circumstances that led to your divorce, our legal team handles each matter with compassion and without judgment, instead focusing on the legally relevant facts and persuading the court to rule in our favor.
If you have been cheated or emotionally wronged, we will treat you and your case with compassion and understanding, and help you move past the anger and resentment so that you can participate in the divorce process with a realistic—and oftentimes more optimistic—plan for the future.
California is a community property state, which means the law presumes that all property acquired during the marriage is owned equally by both spouses. Upon divorce, a couple’s assets are divided to ensure that each spouse receives one-half of the community estate. In theory, it seems simple enough to add up the value of a couple’s community estate and then split the number in half. In practice, however, property division is a complicated and detailed process.
The divorce process is never easy, but it can be especially tough when children are involved. One of the most important aspects of any divorce involving minor children is child custody and visitation.
There are two types of child custody: legal custody and physical custody. Legal custody refers to a parent’s right to make important decisions regarding the health, safety, and welfare of the child. Physical custody refers to who the child lives with. Both types of custody can be shared by the parents jointly (joint custody), or granted to one parent individually (sole custody). Moreover, the court may order any combination of joint custody and sole custody. For example, the court may order joint legal custody with sole physical custody to one parent, or vice versa.
If you are going through a divorce minor children of the relationship, your final judgment (commonly referred to as “divorce decree”) must include child custody and child support orders by law. There are two ways to get a child custody order signed by the judge: (1) the parents can reach an agreement and submit it to the court without a hearing or trial, which the judge will almost always approve and sign; or (2) in absence of an agreement, the parties must litigate the issue in court and let the judge make the final decision.
In California, the courts use a “best interests of the child” standard when making decisions about child custody and visitation. This means that the court will make its decision based on what it believes is in the best interests of the child, not necessarily on what the parents want. When making a determination about what is in the best interests of the child, the court will consider factors such as:
Based on these factors, the court will determine which parent should have primary physical custody of the child and how much time the other parent will have with the child through a visitation schedule. If your child custody matter is contested, you need strong Family Law attorney to persuasively negotiate or litigate your position in court. Our Los Angeles child support attorneys have the experience and resources to help you with your case.
California has a strong public policy in favor of adequate support, and both parents are equally responsible for providing financially for his or her children. The California Family Code has established guiding principles for courts issuing child support, stating that a parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life. Another guiding principle is that children should share in the standard of living of both parents, and thus child support payment may be ordered to balance the standard of living of both households.
California has a statewide uniform “Guideline” for calculating child support according to a complex formula largely based on each parent’s income and custodial timeshare with the child. The Guideline figure is automatically presumed to be correct, and the court is only authorized to order child support payments above or below the Guideline in very limited situations. The Guideline calculation generally depends on:
Once the court has all this information, they will issue a child support order that sets forth the amount of money that the non-custodial parent (the parent who does not have primary physical custody of the child) will be required to pay to the custodial parent. This money is intended to help cover the costs of raising the child, such as food, shelter, clothing, and educational expenses.
If either parent fails to make their required payments, there are a number of enforcement actions that the state of California can take in order to ensure that payments are made. These enforcement actions include wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and even revocation of passports.
In California, alimony is referred to as “spousal support”. When a couple divorces in California, the court may order the higher income earner (this can be either the husband or the wife) to pay spousal support to the other spouse. When spousal support is ordered while the divorce is pending, it is referred to as “temporary” or “pendente lite” spousal support. When spousal support is ordered in the divorce decree, it is referred to as “permanent” spousal support. “Permanent” support does not mean the spouse is entitled to receive spousal support for life; it simply means that it is a final judgment for spousal support, usually ordered for a set period of time (often set for half the length of the marriage, unless the court deems the marriage “long-term,” in which case the court will reserve jurisdiction over the issue indefinitely).
In determining temporary spousal support payments, the court is authorized to use a computer program using the same factors for calculating child support. If you are going through a divorce with children, the computer program will calculate both child support and spousal support at the same time.
In determining permanent spousal support, however, California law prohibits the use of computer programs, and requires the court to carefully review each of the following factors:
Deciding to hire a divorce lawyer is a big decision. You want to make sure you are hiring the best possible divorce attorney for your case, and that takes time and research. Here are three reasons why we would be the perfect fit for you and your divorce case:
Whether you are divorcing or seeking to modify an existing divorce judgment, it is highly recommended that you engage with an experienced family law attorney to protect your family and your assets. Contact us today to schedule a free consultation. Our Los Angeles divorce lawyers are qualified to handle family law issues of every type and will work to settle your case early and often, thus limiting the cost of litigation. If a settlement is impossible or undesirable, our family law attorneys are skilled trial litigators who will persuasively argue your position in court. Start protecting your family, and your assets, by contacting our firm now.
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