Divorce

Trustworthy Los Angeles Family Law Attorney for Divorces

Divorces can vary widely in their nature, from amicable separations to highly contentious disputes. Even in situations where both spouses agree to a divorce, disagreements often arise concerning the distribution of property or child custody arrangements. Additionally, there can be resentment over obligations to pay spousal or child support. If you require a skilled Los Angeles divorce attorney to represent your interests, contact Ms. Sahar Maknouni at Maknouni Family Law Firm, APC for a complimentary consultation. We are committed to offering personalized service and fervent advocacy to our clients during what can be a challenging period.

Divorces in Los Angeles

California is a no-fault divorce state, meaning that you do not need to prove any wrongdoing such as adultery to file for divorce. Instead, you can cite irreconcilable differences, which might indicate that you and your spouse no longer get along or have fallen out of love.

Ms. Maknouni has simplified the intricate divorce process into three main phases. The initial phase, though potentially emotionally challenging, is relatively straightforward. To initiate a divorce in California, one of the spouses must have been a resident of the state for at least six months and of the county where the divorce is filed for at least three months prior to filing. An exception exists for those married in California but residing elsewhere. The spouse initiating the divorce, known as the petitioner, is responsible for serving the divorce papers to the respondent, typically done through a professional process server, a friend, or the sheriff.

The second phase entails both parties filling out financial disclosure forms and sharing them. This ensures awareness of community assets, debts, and property relevant to the divorce. It also covers ongoing financial disclosures and, if children are involved, determines custody and visitation schedules, with court intervention possible if needed. This phase may also include the discovery process.

Discovery in divorce is akin to a fact-finding mission. It involves both parties gathering information and evidence to understand the financial and other relevant aspects of the marriage. This can include bank statements, tax returns, and property deeds, providing insight into assets, debts, income, and expenses.

Through discovery, each party can request information and documents from the other side, ensuring transparency and fairness in the divorce proceedings. Accurate information is essential for informed decisions on property division, child custody, and financial support. In summary, discovery is crucial for all parties and the court to comprehend the marriage’s complexities and make fair decisions during the divorce process.

The third phase entails settlement discussions, during which community assets, debts, and custodial arrangements have been established. Parties engage in negotiations to reach a settlement, culminating in the drafting of a Marital Settlement Agreement to formalize the final agreement.

Contested and Uncontested Divorces

Divorces can be either contested or uncontested. In a contested divorce, spouses disagree on crucial matters like property division, often necessitating court hearings for resolution. Conversely, in an uncontested divorce, spouses reach agreements, often facilitated by a knowledgeable lawyer through a marital settlement agreement. For couples without minor children and few assets, a default with an agreement may be feasible.

During a contested divorce, the discovery process unfolds. This legal procedure involves gathering evidence from the other party to support one’s position. For instance, lawyers may seek appraisals of real estate and artwork conducted by experts hired by the opposing side. Discovery may also unveil undisclosed assets or properties acquired with marital funds.

Property Distribution

One of the crucial issues that may need to be decided during a divorce is how property should be divided between the parties. California is a community property state. Each spouse is entitled to half of marital assets acquired during the marriage. The parties keep their own separate property, which can include property with which they came into the marriage or an inheritance.

Divorce Mediation

In some instances, Los Angeles divorce attorneys find it necessary to proceed to trial. During trial, a judge assesses each party’s stance, hears witness testimonies, and examines evidence to determine outcomes on critical matters like property division, child custody, child support, and spousal support. Alternatively, when both parties are willing to negotiate without court intervention, employing a mediator—a neutral third party—can facilitate agreement on these issues. Mediation may also prove beneficial after divorce, allowing for adjustments to previous rulings before seeking new orders from the judge.

Consult a Seasoned Family Law Attorney

Family law matters often reverberate well into the future. It’s a huge transition to part ways with your spouse, and this is a change that has consequences for the children. Divorce can be a challenging experience, but your lawyer can help make it as stress-free as possible. When you need an experienced divorce attorney that serves Los Angeles clients, call Maknouni Family Law Firm, APC. Ms. Sahar Maknouni is dedicated to working towards best outcomes for her clients. Call us at 310-691-1729 or complete our contact form.