Los Angeles Divorce Lawyers/Attorneys, Los Angeles Family Law Lawyers/Attorneys, California Divorce Lawyers/Attorneys

California Divorce Information

California was the first state to implement the "no-fault divorce" concept. In California, a dissolution of marriage can be granted if the court finds there to be "Irreconcilable differences" that have caused an irrevocable breakdown of the marriage. In order to qualify for a dissolution of marriage, one of the spouses has to have been a resident of the state for a continuous six months and of the county for a continuous three months prior to the filing of the Petition. Once the Respondent is served with the Summons and Petition, the marital status cannot be terminated until six months have passed since the service was effected.

One of the parties to the dissolution will usually request temporary court orders by filing for an Order to Show Cause hearing. At this hearing, the judge will make temporary child custody, support and restraining orders.

The parties then engage in discovery, which is the process by which parties to the dissolution exchange information and documents that are relevant to the case. One of the required aspects of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which each party lists the community and separate property. After the discovery is completed the parties and their attorneys will discuss settlement of the case. If the case is resolved by agreement, one of the attorneys will prepare a Marital Settlement Agreement, which will contain all of the terms of the agreement. This is a contract that is signed by the spouses and their attorneys. If the parties are not able to agree on all of the issues in the case, a trial will take place.

After the parties sign the Marital Settlement Agreement or after the trial has concluded, one of the attorneys will prepare a Judgment of Dissolution of Marriage. This is the document that contains all of the court's orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.

When spouses seek a no-fault dissolution of marriage (on the grounds of irremediable breakdown of the marriage) and it appears to the court that there is a reasonable possibility of reconciliation, the court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation at the end of this 30-day period, either spouse may move for a dissolution of marriage or legal separation. In addition, a confidential counseling statement must be filed in any county that has a Conciliation Court. Official forms to this effect are available from the County Clerk of any county that has a Conciliation Court. In addition, if child custody is contested, a mediation conference will be ordered at which the mediator may choose to exclude any attorneys of the parents.

California is a "community property" state. Any jointly-held property is presumed to be "community" property, unless it is clearly stated in a deed or written agreement that the property is "separate" property. Unless the spouses agree otherwise, all community and quasi-community property ("from or situated in another state") is divided equally between the spouses. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property.

The court may award support to either spouse in any amount and for any period of time that the court deems just and reasonable, based on the standard of living achieved during the marriage. The factors considered are: (1) whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; (2) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity; (3) the standard of living established during the marriage; (4) the duration of the marriage; (5) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; (6) the needs and obligations of each spouse; (7) the contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse; (8) the age and health of the spouses; (9) the physical and emotional conditions of the spouses; (10) the tax consequences to each spouse; (11) the ability of the supporting spouse to pay, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living; (12) the balance of hardships to each party; and (13) any other factor the court deems just and equitable.

California Family Lawyer Disclaimer: The family law information or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. We encourage you to seek independent counsel for legal advice regarding your issues including divorce, dissolution, child support, spousal support, or modification proceedings. This web site is not intended to solicit clients for matters outside of the state of California. Bradley S. Sandler practices family law in Los Angeles and Orange Counties, California, including Beverly Hills, Santa Monica, Burbank, Glendale, Century City, Compton, Gardena, Palos Verdes, Huntington Beach, Manhattan Beach, Hermosa Beach, Redondo Beach, Brentwood, Bel Air, Encino, Sherman Oaks, Van Nuys, Tarzana, Calabasas, Agoura Hills, Ventura, Reseda, Covina, Huntington, Valencia, Santa Clarita, Newhall, Saugus, Castaic, and other areas. Lafamilyattorney.com is an informative website and and/or providing us with details of your case via electronic transmission does not establish an attorney-client relationship between you and our firm without the subsequent execution of a formal written retainer. Nor does the information contained herein constitute legal advice to you on your specific case. The Firm makes no warranty or representation regarding the accuracy or legality of any information contained in this Web Site, and assumes no liability for the use of said information. Nothing in this Web Site should be considered a guarantee of a favorable outcome or result in your legal case. Be advised that as Internet communications are not always confidential, you provide our Web Site your personal information at your own risk. Please do not make any decisions about any legal matter without consulting with an attorney.