Los Angeles Divorce Lawyer

Divorce in Los Angeles

To file for divorce in California, one of the spouses must have been a resident of the state for at least six months prior to filing the divorce papers. Furthermore, that spouse must have resided in the specific county where the divorce is filed for at least three months. It is not necessary for the spouses to have lived together before initiating the divorce proceedings. California is a no-fault divorce state, meaning neither spouse needs to allege misconduct by the other for the divorce to be granted. The predominant basis for divorce in California is irreconcilable differences that have led to an irremediable breakdown of the marriage.

Family Law Attorneys Representing Los Angeles Clients in Property Distribution Disputes

Each state has specific laws for dividing property in a divorce, and California follows the community property model. In California, it is generally assumed that the property acquired by a couple during their marriage is jointly owned. If a spouse wishes to contest this presumption, they must demonstrate that the property is separate, such as through inheritance, a gift, or a pre-existing marital agreement. In Los Angeles divorces, all community property is equally divided, with each spouse receiving a 50% share. Thus, nearly everything a couple acquires during their marriage is considered community property and is subject to division upon divorce.

Spousal Support

Spousal support is a major issue that can emerge during a marriage and subsequent divorce proceedings. It involves the court mandating one spouse to pay a specified monthly amount to the other, which can be either temporary or permanent. For temporary support, courts typically use a guideline program, though adjustments may be made for unique circumstances. When determining long-term spousal support, however, judges consider a variety of factors. These include the financial needs and the standard of living each spouse enjoyed during the marriage, each spouse’s earning capacity to maintain that standard, the paying spouse’s ability to afford the support, the duration of time the recipient might need to become self-sufficient, the length of the marriage, and other relevant aspects.

Child Custody Attorneys Serving Los Angeles

In California, both parents have equal rights to their children’s custody. The state’s courts determine two main types of child custody: physical and legal. Physical custody designates which parent the child will live with, while legal custody gives a parent the authority to make significant decisions about the child’s education, religious upbringing, and healthcare. Parents can be granted either joint or sole custody for each type. When determining child custody, the paramount concern for the court is the child’s best interests.

Child Support

In addition to equal custody rights, parents are also obligated to provide financial support for their children until they reach the age of 18. Child support amounts are determined based on what is “appropriate for the child’s circumstances.” However, under certain conditions, such as if a child is disabled and unable to self-support, a court may require a parent to continue providing financial support beyond the age of 18. If a child is still in high school and unmarried, the financial obligation of the parent may extend until the child turns 19. This requirement applies to all minor children regardless of the parents’ marital status. The court uses a mandatory formula to calculate child support, which takes into account factors such as the parents’ incomes and the amount of time the child spends with each parent.

Los Angeles Lawyer for High Net-Worth Divorces

Some divorces are inherently more complicated than others, especially when they involve significant assets. In high net worth divorces, both parties may possess substantial assets and financial resources, which can make the proceedings intricate and tension-filled. The principle that community property must be split equally during a divorce means a considerable amount of assets are at play. Particularly when one or both spouses own a business, practice, or multiple properties, including vacation homes, it becomes essential to engage the services of a skilled appraiser to accurately assess the value of these assets.

Premarital and Postnuptial Agreements

Prenuptial agreements often come with a stigma, but they don’t necessarily need to. These agreements can be a respectful and important step for both parties about to marry, allowing them to clearly understand each other’s financial circumstances and agree on arrangements if the marriage does not last. Ms. Maknouni likens premarital agreements to having car or health insurance—it’s a precaution for unexpected situations. When both parties fully comprehend how a premarital agreement impacts them in the event of a divorce, it becomes a valuable tool that many overlook due to its perceived negative connotations.

Consult a Seasoned Los Angeles Family Law Attorney

Navigating family changes can be difficult, and decisions made during family law matters often have enduring effects on family dynamics, including parent-child relationships. Securing legal representation might influence your relationships with your loved ones. If you require skilled and strategic legal guidance for your divorce or any other family law issue, contact Maknouni Family Law Firm, APC. Our lead attorney, Sahar Maknouni, is committed to achieving the best possible outcomes for her clients. Reach out to us at 310-691-1729 or through our contact form.