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Wedeking Family Law
Premier Divorce Attorney for Professionals & Business Owners in Los Angeles
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About
Welcome To Wedeking Family Law
Ryan is an LA-based family law litigator who represents professionals and business owners in multi-million dollar, high-stakes family law litigation throughout Southern California and the Bay Area. Ryan is a consummate trial attorney whose every decision is guided by strategy: how to achieve the client’s best possible outcome as quickly and efficiently as possible.
In 2024, Ryan was recognized by Doyle’s Guide as a “Leading” family law attorney in Los Angeles and by Best Lawyers as “One to Watch.” Ryan frequently speaks on family law topics to bar associations in California, including the Southern California Chapter of the American Academy of Matrimonial Lawyers, the Alameda County Bar Association, the Bar Association of San Francisco, the Beverly Hills Bar Association, and the Los Angeles Bar Association. Los Angeles Lawyer and Family Law News have published his work.
Before starting his own practice, Ryan litigated for some of California’s most prestigious family law firms, serving high-net-worth clients throughout Southern California and the Bay Area. While at the UCLA School of Law, Ryan founded and served as president of the UCLA Family Law Society and was awarded the Martin C. Pachter Prize for excellence in family law.
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Featured Practice Areas
Divorce
Going through a divorce can be an overwhelming and emotionally taxing experience. In addition to the difficult emotions involved with the end of a marriage…
Domestic Violence
Domestic violence can have a profound impact on individuals and families. Wedeking Family Law is dedicated to providing compassionate…
Los Angeles Divorce Attorney for Professionals and Business Owners
LA Based, Statewide Practice
Wedeking Family Law is based in West Los Angeles, but serves clients throughout the Bay Area and Southern California. Modern convenience and technology has not only made this possible, but a no-brainer. Post-Covid, many routine and procedural court appearances can be made by remote videoconference. For court hearings where an in-person appearance is warranted or required, convenient air service like JSX has made getting up to the Bay Area nearly as convenient as getting to Downtown LA.
Our Bay Area practice has a strong focus on professionals in finance and technology. Common property issues in these cases include the characterization, valuation, and division of business interests, stock options, and other forms of deferred compensation. Having an attorney who understands these issues and can apply the facts to the law effectively is essential.
Divorce Laws in California
Divorce and family law issues in Los Angeles and the Bay area are generally complex. Navigating these issues can be a daunting task. California family law matters are governed by a unique set of laws and procedures, so understanding your rights and responsibilities is essential. Whether you’re facing a divorce, child custody battle, support proceeding, request for domestic violence restraining order, or another family law issue, it is a good idea to have a knowledgeable and experienced family law attorney on your side.
At Wedeking Family Law, our dedicated team is committed to protecting your interests and helping you achieve the best possible outcome in your family law matters. Call us today at (310) 916-5171 to discuss your case.
Overview of Divorce in California
California’s approach to divorce involves specific laws regarding the grounds for divorce, property division, custody arrangements, and support obligations. Here is an overview of the main components of California divorce law.
No-Fault Divorce
California is a no-fault divorce state, which means that either spouse can file for divorce without needing to prove any wrongdoing or fault on the part of the other spouse. The most common ground for divorce in California is “irreconcilable differences”, which is a broad term that means there are issues that make it clear that the marriage should be dissolved.
Community Property & Property Division
California uses the community property system to decide how marital assets are characterized and divided during a divorce. Under this system, property is either considered “community” or “separate.” All assets and debts acquired through each spouse’s labor during the marriage are presumed to be community property. (See, e.g., Fam. Code, § 760.) Community assets can include cash, business interests, brokerage and retirement accounts, real estate, automobiles, and other assets acquired by either spouse during the marriage.
Community property is generally divided equally upon divorce. (See Fam. Code, § 2550.) Equitable division ensures that both parties receive a fair share of the marital estate. However, distinguishing between community property and separate property can be complex.
Separate property includes all property acquired by a spouse before marriage, or during marriage through “bequest, device, or descent,” and the “rents, issues, and profits” thereof. (See Fam. Code, § 770.)
Determining what is community versus separate property can be complex. Depending on the facts, the community can acquire an interest in the separate property assets of a spouse (including, e.g., in a business entity, real estate, or retirement accounts). Conversely, a spouse may acquire a separate property interest in community property assets. The character of property can also change from one form to another during marriage.
An experienced family law attorney who can apply the facts of a case to California’s complex property law can help ensure that property is properly characterized and divided to maximize a party’s rights under the law. They also assist a client in making full financial disclosures throughout the divorce process to minimize the risk that a divorce judgment will be subject to attack by the other side.
Divorce Waiting Period
California law imposes a mandatory six month waiting period before a divorce can be finalized, beginning when the non-filing spouse is served with divorce papers. (See Fam. Code, § 2339.) Depending on the complexity of the case, the divorce could potentially take longer. Issues related to property valuation and division, custody, support, and attorney’s fees can lengthen the process.
Child Custody and Support
In California, the courts prioritize the best interests of the child when making custody and support decisions. (See Fam. Code, § 3020.) Here is an overview of the key aspects of child custody and support and the factors that influence court decisions on these matters.
Determining Child Custody
When determining child custody, California courts prioritize the best interests of the child, measured by a child’s health, welfare, and education. (See Fam. Code, §§ 3011; 3020.) The courts also have a strong preference for both parents having “frequent and continuing” contact with the child. (See Fam. Code, § 3020.) Things can get complicated when the court has concerns that allowing both parents frequent and continuing contact with the child will not promote a child’s best. Interest.
There are two types of custody in California:
- Legal custody: Decision-making authority regarding the child’s “health, welfare, and education.” (See Fam. Code, § 3003.) This includes decisions relating to a child’s upbringing, including their education, healthcare, religion, extracurriculars, and more.
- Physical custody: The physical timeshare between the parents. In most cases, parents share joint physical custody, meaning that they both have “significant periods of physical custody” with their children. (See Fam. Code, § 3004.)
Both forms of custody can either be shared (joint custody) or awarded to only one parent (sole custody). The specifics of custody arrangements can vary significantly depending on the unique facts of each case. A family law attorney can help guide parents through the custody process to achieve a favorable outcome.
Custody Modification
Child custody is always subject to modification by the court–even so-called “final” custody order. The legal standard that a parent must meet to request a custody modification–which can entail either a focused analysis of the best interest of the child or a broader analysis requiring a showing of a significant change in circumstance, can be complex and highly fact dependent. A family law attorney can help guide parents through the custody process to achieve a favorable outcome.
Child Support
In California, child support is calculated based on state guidelines that consider the income of each parent, the amount of time each parent spends with the child, and other relevant factors. (See Fam. Code, § 4055.) The goal of child support is to ensure that the child’s financial needs are met by both parents.
The court uses a standardized formula to determine the amount of child support. However, the court can deviate from guidelines where appropriate, including when one parent is considered an “extraordinarily high-income earner.” (See Fam. Code, § 4057.) An experienced family law attorney can help ensure that guideline child support calculations are accurate and whether it would be appropriate for the court to depart from the guideline.
Child Support Modification
Life circumstances can change and may require modifications to existing child support orders. Modifications may be requested due to significant changes in circumstances. These include significant changes in income, physical timeshare between the parties, or changes in the child’s needs.
If a parent fails to meet their support obligations, legal mechanisms are available to enforce payments, such as wage garnishment or contempt of court actions. A family law attorney can help modify existing orders and enforce compliance to ensure that the child’s needs continue to be met.
Spousal Support (Alimony)
Spousal support, also known as alimony, is designed to provide financial stability for the lower-earning spouse in a divorce. California courts consider multiple factors when determining how much spousal support to award.
Temporary Spousal Support
Spousal support in California can be categorized into temporary or long-term support. Temporary support is awarded during the divorce proceedings and may be requested as soon as the paperwork is filed. This type of support is intended to maintain the marital status-quo so that the lower-earning spouse can cover their living expenses during the divorce process.
Long-Term Spousal Support
The court may be more likely to award higher long-term spousal support in longer-term marriages where one spouse has significantly lower earning potential due to spending time outside of the labor force to raise children or support the career of the higher-earning spouse.
Modifying Spousal Support
Spousal support orders can be modified if there is a significant change in circumstances. Conditions for modification include changes in the financial situation of either party, such as job loss, significant pay raises, or changes in living expenses. The court will reassess the support amount to reflect these new circumstances.
The legal process for requesting changes to spousal support involves filing a motion with the court. This process requires providing evidence of the changed circumstances and may involve a court hearing. A skilled family law attorney can help guide you through this process and ensure that the support order remains fair given the current circumstances.
Domestic Violence and Protective Orders
Domestic violence is a pervasive and serious issue that can profoundly affect individuals and families. In family law, allegations of domestic violence can significantly impact legal proceedings, particularly those involving child custody and visitation.
Impact on Family Law Proceedings
Allegations of domestic violence can have an enormous impact on a California family law case. In addition to an order requiring a spouse to stay away from the other spouse and the children for up to five years, a finding of domestic violence can affect legal child custody, spousal support, attorney’s fees, and even the right to possess one’s own property. (See Fam. Code, § 6200 et seq.)
California takes a broad view of what constitutes domestic violence, which can include many non-physical forms of abuse, such as “coercive control,” “disturbing the peace,” and even “making annoying telephone calls.” (See Fam. Code, § 6200 et seq.)
In addition to being broad, California domestic violence law is constantly changing. Whether a claim for domestic violence succeeds or fails may very well depend on how well the attorney understands the current law and is able to persuasively present the facts and evidence at trial.
The Value of Expert Legal Guidance
Whether you are a victim of domestic violence or have been accused of domestic violence, it is extremely important to have an attorney who can effectively marshall the key facts and evidence and apply the law in a compelling manner.
Ryan is rated one of the top 20 divorce attorneys in Los Angeles by Doyle's Guide.
Ryan’s family law articles and speaking credits include:
- Evidence Series: Business Valuations, Los Angeles County Bar Association (2024)
- Evidence Series: Real Property, Los Angeles County Bar Association (2024)
- Evidence Series: Personal Property, Los Angeles County Bar Association (2024)
- Barristers Note (3 family law cases that every entertainment lawyer should know), Los Angeles Lawyer (May 2024)
- Trial Practicum, American Association of Matrimonial Lawyers Southern California Chapter (2024)
- Trial Basics Seminar, American Association of Matrimonial Lawyers Southern California Chapter (2024)
- Domestic Violence Law Update, Alameda County Bar Association (2024)
- California’s New Law (SB741) Regarding Discovery in Domestic Violence Actions: Everything You Need Know, Beverly Hills Bar Association (2023)
- Domestic Violence Hearing Preparation: Pointers and Pitfalls, Bar Association of San Francisco (2023)
- Preparing for Domestic Violence Hearings: Procedural Tips and Tricks, Beverly Hills Bar Association (2023)
- Elkins Trumps Speed: The Right to Discovery under the Domestic Violence Prevention Act, Family Law News (2022)
