
Los Angeles & Bay Area Divorce Lawyer
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, divorce often involves a lengthy and complex legal process.
At Wedeking Family Law, clients are guided through each step of this process, including child custody, child support, spousal support, and all other aspects of filing for divorce in Los Angeles or the Bay Area.
If you are seeking legal representation for your divorce, experienced Los Angeles and Bay Area divorce lawyer Ryan Wedeking is here to help. Call Wedeking Family Law today at (310) 916-5171 to discuss your divorce in a free consultation.
Divorce Laws in California
Each state has its own divorce laws, so it’s important to be aware of how divorce is legally handled in California. Let’s look at some of the legal aspects of getting divorced in California.
No-Fault Divorce
California is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing or fault by the other to file for divorce. The most common ground for divorce is “irreconcilable differences”, which indicates that the marriage has broken down beyond repair.
California is one of the “true” no-fault divorce states, as individuals filing for divorce do not have the option to claim fault. This means that regardless of the reason for the divorce, all must be filed as no-fault divorces.
Community Property & Property Division
California has a community property system for property division. This means all assets and debts acquired during the marriage are presumptively considered jointly owned by the spouses and must be divided equally upon divorce.
This includes income, real estate, vehicles, and other property obtained by either spouse during the marriage. However, any property owned by either spouse before the marriage or acquired by gift or inheritance is considered separate property and not subject to division.
The division of community property can be complex, especially when it involves significant assets or disputed valuations. A divorce lawyer works to ensure a fair division by accurately identifying, valuing, and dividing marital property. They also help uncover any hidden assets and address disputes over the classification of assets.
Child Custody
Child custody decisions in California are based on the best interests of the child. Judges consider factors like the child’s health, safety, and welfare, along with their relationship with each parent. There are two types of custody: legal custody, which involves decision-making authority, and physical custody, which pertains to where the child lives.
Parents can share joint legal and/or physical custody, or one parent may have sole custody. Custody arrangements are often one of the most contentious aspects of a divorce. They typically require careful negotiation and, in some cases, court intervention. A divorce lawyer helps advocate for the client’s parental rights while prioritizing the child’s well-being.
Spousal Support
Also known as alimony, spousal support may be awarded to one spouse to help them maintain a similar standard of living both during and after the divorce. The court considers several factors when determining spousal support, including the length of the marriage, each spouse’s earning capacity, age and health, and contributions to the household or career of the other spouse.
Support may be temporary, lasting only during the divorce proceedings, or long-term, continuing after the divorce is finalized. The goal is to ensure that neither spouse suffers undue financial hardship as a result of the divorce. A divorce lawyer helps negotiate fair spousal support terms, whether the client is seeking support or required to pay it.
Steps in the Divorce Process in California
The divorce process can be challenging, but understanding the key steps can help you manage the proceedings more effectively. From the initial consultation with a divorce lawyer to the finalization of the divorce, each step requires careful attention and preparation.
Initial Consultation with a Divorce Lawyer
The first step in the divorce process is to schedule an initial consultation with an experienced divorce lawyer. This meeting sets the foundation for your case. During the consultation, the lawyer will assess your situation, explain your rights and options, and outline the potential legal strategies. Come prepared with relevant documents, such as financial statements and information about assets and debts.
The initial consultation is also an opportunity for you to ask questions and understand the lawyer’s approach. Establishing a good rapport and trust with your lawyer is vital, as they will guide you through the entire process.
Filing for Divorce
Once you decide to proceed, the next step is filing the paperwork for divorce. This involves preparing and submitting a divorce petition to the court, which includes basic information about the marriage and the type of orders that the court can rule on for issues like spousal support and property division.
The divorce papers must be served to the other spouse (the respondent). Serving the papers notifies the respondent of the divorce proceedings and their right to respond. Your divorce lawyer will guide you through the filing and serving process, ensuring that all legal requirements are met and that the paperwork is correctly handled.
Responding to a Divorce Petition
In California, if you are the respondent, you must respond to the divorce petition within 30 days. If you fail to do so, your spouse may request a default judgment, where the court may rule on the case without considering your input. This response should address the claims made in the petition and outline your positions on issues like property division, child custody, and support.
A divorce lawyer will help you draft a comprehensive response that protects your rights and interests. This step sets the stage for negotiations and legal proceedings and ensures that you have an opportunity to present your case effectively.
Discovery and Financial Disclosures
The discovery process involves exchanging information and documents between both parties to ensure full transparency regarding assets, debts, income, and expenses. Financial disclosures help provide a clever picture of the marital estate. Both parties are required to complete and exchange detailed financial statements, which will be used to negotiate settlements and support arrangements.
If you filed for divorce, you must provide the first round of financial information (preliminary disclosures) to your spouse within 60 days of filing the petition. If you are the respondent, you must provide your preliminary disclosures within 60 days of filing your response. Generally, both parties will need to share information a second time near trial or the conclusion of the divorce case – known as a final declaration of disclosure.
Disclosures should be accurate and complete to achieve a fair division of property and determine appropriate support amounts. A divorce lawyer will help you gather, organize, and present the necessary financial information, ensure that all relevant details are disclosed and that your interests are protected throughout the process.
Settlement Negotiations and Agreements
Settlement negotiations may allow you to resolve your divorce without a lengthy court battle. Your lawyer can negotiate with your spouse’s lawyer on key issues like property division, child custody, and support. This stage may involve mediation, where a neutral third party facilitates discussions between the spouses to help them find common ground.
Negotiating a settlement outside of court can save time, reduce costs, and minimize the emotional difficulties associated with litigation. If a settlement is reached, the terms are documented in a marital settlement agreement, which is submitted to the court for approval.
If you and your spouse are unable to agree on some or all of the issues involved in your divorce, you may ask the court to intervene and make a decision. The court will give you some more opportunities to reach an agreement, but if you are still unable to do so, a judge can make rulings on the issues involved in your case.
Finalizing the Divorce
The final step is obtaining the court’s approval and finalizing the divorce. You must fill out and submit a set of forms, along with any court orders or a divorce agreement. The court reviews this form to ensure all requirements are met and that there are no mistakes.
After the divorce is finalized, there may be additional steps to enforce the terms, such as transferring assets or updating legal documents. A divorce lawyer can assist you with all post-divorce requirements. With the divorce finalized, both parties can begin to move forward.
Discuss Your Case with a Los Angeles & the Bay Area Divorce Lawyer
Going through a divorce in Los Angeles or the Bay Area requires expert legal guidance and support. You can trust Wedeking Family Law to protect your rights and guide you through each step of the process. Contact us today at (310) 916-5171 to schedule a free consultation.