Top Things to Consider When Seeking a Divorce in Los Angeles

Are you considering divorce? Here are somethings to consider.

1. Safeguard yourself, your beloved children, and your hard-earned assets by taking proactive measures. If you fear that your spouse may become violent, attempt to kidnap your children, or financially exploit you through bank accounts and hidden property, know that there are steps you can take to protect yourself. This may involve obtaining a court order to prevent domestic violence, alerting childcare providers and schools to only release your children to you, and securing a passport for your child to prevent their removal from the country.
2. Ensure that you meet the residency requirements for filing for divorce in California. To initiate the process, you must have been a resident of California for a minimum of six months and of the county in which you will file for at least three months.
3. Gather all necessary information to smoothly navigate the California divorce process. This includes providing detailed information on income, assets, and debts for both you and your spouse. Make copies of important documents such as bank and investment statements, mortgage and loan documents, credit card statements, pay stubs, W-2 forms, tax returns, deeds, vehicle titles, life and health insurance documents, and utility bills. Additionally, ensure that you have your spouse’s Social Security and driver’s license numbers, and estimate your monthly living expenses.
4. Consider temporary alimony or child support to support yourself and your children during the divorce process. This can be achieved through temporary spousal support and child support orders, which require additional forms to be completed and filed.
5. Decide on the appropriate procedure to use. California offers both a traditional dissolution of marriage procedure and a summary dissolution of marriage procedure. To qualify for the summary procedure, you must meet the following requirements:

• You and your spouse must agree to the divorce
• You must not have children
• You must not have been married for more than five years before separating
• You must not own real estate and only have a residential lease that expires within one year of filing and does not include a purchase option
• You must not have debts over $6,000, other than auto loans
• Community property must have a value of less than $41,000, and each party must not have more than $41,000 in separate property, not including autos and encumbrances
• You and your spouse must have a written agreement dividing the property and debts, and have executed required title transfers
• You and your spouse must waive your right to spousal support, and rights to appeal and to ask for a new trial
• You and your spouse must have read a brochure about the summary procedure If any of these requirements are not met, you will need to use the regular procedure.

One of the best ways to control the cost of divorce is through mediation. Mediation is a process in which two parties sit down with a neutral, experienced divorce attorney to divide community property assets, confirm separate property assets, determine child custody, and agree on child and spousal support. The mediator does not represent either party but assists them in arriving at an agreement consistent with California law.

Mediation is ideal for couples who are serious about resolving their issues and willing to make compromises. The biggest benefit of mediation is that it allows each party to be directly involved in the dissolution process and minimizes the average cost of divorce.

In conclusion, divorce is an emotionally and financially draining process. However, with the right guidance and a willingness to compromise, it doesn’t have to be. I urge couples seeking a dissolution of marriage in California to consider mediation as a way to control costs and reach an agreement that works for both parties.

Ending a marriage or domestic partnership in Los Angeles can take on several forms, including annulment, divorce, or summary dissolution. While each process serves a unique purpose, it is crucial to understand which one may be the most suitable for your individual situation. An annulment, for instance, declares that a marriage or domestic partnership was never legally binding, effectively erasing its existence. This may be appropriate in cases where one partner was already married, too young to consent, or coerced into the union.

Divorce, also known as dissolution of marriage or dissolution of domestic partnership in California, legally terminates a marriage or domestic partnership, allowing both partners to move forward as single individuals and potentially enter into a new domestic partnership or marriage. Through divorce, a court can also address matters such as division of marital property, restraining orders, child custody, child support, and spousal or partner support.

A summary dissolution, on the other hand, can accomplish the same goal as a divorce, but with the added benefit of only requiring paperwork to be filed with the court, rather than an appearance before a judge. This option is only available to couples who have been married for less than five years, have no children together, and have minimal shared assets or debts.

California also offers a fourth option known as legal separation, which does not end a marriage or domestic partnership like a divorce or summary dissolution, but allows a court to make decisions regarding child custody, child support, and restraining orders. Some individuals may choose this path for religious or insurance reasons, but it is important to note that legal separation does not permit re-marriage or entering into a new legal partnership.

When it comes to divorce in Los Angeles, it is important to note that California has a “no fault” divorce system, meaning that proving blame is not necessary to end a marriage. Instead, one simply needs to state “irreconcilable differences” as the reason for the divorce. It is also worth noting that either partner can initiate the divorce process and the other cannot prevent it from proceeding, even if they refuse to participate. In such cases, a default judgment can still be issued and the divorce will proceed.