Most people do not anticipate getting divorced during their lifetime; nevertheless, circumstances shift, and for many people, divorce is unavoidable. If you're getting divorced, you'll need an experienced Los Angeles Divorce Lawyer to manage your case and give you the steadfast representation you, your children, and your assets deserve.
Need A Divorce? Find A Family Lawyer in Los Angeles
Even though it is often referred to as "divorce," the legal term is "Dissolution of Marriage" (or domestic partnership). Since marriage is considered a civil arrangement, you must go through the dissolution process to legally end your relationship.
If you live in California and think your marriage should end, you can file for divorce from your partner. To file divorce documents, the partner does not need to consent to the divorce. Before a divorce can be finalized, there are a few things that may happen.
This process can be difficult at times, so having a California Family Law Attorney on your side is important. A L.A. Divorce Lawyer will be able to assist you in following the correct protocols and obtaining a favorable result.
Every situation is different. Couples carry a variety of properties, debts, and property into a partnership, all of which must be divided fairly during the course of a divorce. When children are involved, the mechanism becomes much more difficult. Child custody and child care would also need to be determined in this situation. A couple would be forced to break everything according to the arrangement reached by the courts at the end of the process.
Legal Separation and Void Marriage
Two marriage law areas that are related to but not completely similar to the divorce process.
Legal Separation
- People who no longer want to be married to their partner but still want the legal benefits of marriage, whether for tax, welfare, or religious reasons, opt for legal separations. For a formal separation, our office seeks a court order that spells out the parties' rights and obligations during the separation process. The procedure is identical to that of a divorce, but the marriage is not legally over. The following are some of the problems that will need to be addressed:
- Asset and debt management and division
- The treatment of the family residence
- The family business's management and operations
- Child Support
- Support from your spouse
- Visitation/custody
- A couple who wants to legally split can settle unresolved issues in various ways, just as they can in a divorce. Many citizens choose to avoid going to court and instead use alternative conflict resolution methods, such as mediation, to resolve pending issues. If a prenuptial arrangement was in effect before the marriage, the process of resolving any of these unresolved issues should be relatively straightforward. Whatever the case may be, you must have good legal counsel on your side.
Voidable Marriages
The word "voidable" comes from contract law. It means that one of the contracting parties has the right to terminate the agreement and escape the contract's obligations if they so wish. Alternatively, they will continue to be bound by the contract and enforce it against the other party. When it is later discovered that the other party had an unfair advantage when the contract was made, this power is normally given to one party.- When they entered into the union, the party trying to annul it was under the age of consent. However, this rule does not apply if one of the parties openly and happily resided with the other as his or her partner after reaching the age of consent.
- If one of the parties has a living husband or wife who was missing and not considered to be alive for 5 years previous to the subsequent marriage or was widely thought to be dead at the time the subsequent marriage began.
- When the party trying to annul the marriage entered into it, they were mentally ill or of unsound mind. However, this rule does not apply if a party has openly and happily resided with the other as his or her partner for some amount of time since coming to reason.
- If either party's consent was gained by deception. However, this rule does not apply if the party whose consent was obtained by fraud openly and voluntarily resided with the other as his or her partner for some amount of time after being aware of the fraud.
- If either party's consent was gained by coercion. However, this rule does not apply if the party whose consent was obtained by force had resided with the other party as his or her spouse for some amount of time.
- If any party was physically incapable of entering into the marriage state at the time of the marriage, and the incapacity persists and tends to be incurable.
A Putative Spouse
- The word "putative partner" can be used when addressing invalid or voidable partnerships. A putative partner is a spouse who was not legally married but thought they had entered into a civil marriage in good faith. A putative partner's financial and property rights may have had if the marriage had been legal could be retained.
Gray Divorces
Owing to the essence of their wealth portfolios, couples divorcing later in life often face obstacles that younger couples do not face. Retirement funds and pension schemes, unsurprisingly, may play a far larger role in later-in-life divorces than they do in other situations. These investments have had more time to mature, and their benefits are either ready to reap or are already being used in later-in-life divorces. In certain cases, retirement accounts may be the parties' primary source of income and the source of any assistance that the courts may order.
Concerns over spousal support
Spousal support and healthcare issues are significant in any divorce, but they are particularly important in divorces that occur later in life. Spousal assistance is also seen as a temporary aid in many other divorce cases to help the beneficiary stand on their own. However, spousal care is more likely to be an important and lasting outcome of a divorce that occurs later in life. This is because a stay-at-home spouse will no longer be able to start a new job, and the marriage is more likely to have lasted a long time. Spousal support and health insurance coverage can interact during and after a later-in-life divorce, often in unexpected ways, particularly if government health insurance is involved.
Property Issues
Property problems can also become more complex in divorces that occur later in life. After the age of fifty, people seeking a divorce are less likely to have separate properties, independent debt, or comprehensive financial reports that span the whole marriage. They may, however, have more significant assets than younger couples just starting out in their careers.
Individuals who have been married more than once in their lives and may have children from a previous marriage may be involved in divorces that occur later in life. In such situations, you need someone by your side who is intelligent and will defend your rights and ensure that your children's rights are secured.
Business(es) Owned
Divorce is a difficult process, and it can be made much more difficult when one partner owns a company. The idea of splitting the value of a company is, understandably, a contentious topic in divorce.
In a divorce, determining who owns a business is a difficult task.
If you own a corporation and are thinking about getting divorced, you should know how the state of California classifies your company when it comes to property division. If you began your business when you were married, it could be considered community property in California and thus be subject to division. If you began your business before you married or after you divorced, it could be considered separate property. Of course, this determination isn't always simple, which is why you'll need good legal representation.
Determining a Company's Value
When either or both partners own a business and wish to divorce, the value of the business must be determined whether it is considered marital property. The business owner would be expected to include all financial statements pertaining to the company's value, cash flow, and liabilities. Of course, business owners can not be entirely honest with their reports, necessitating the intervention of a forensic accountant. Other major problems, such as IRS participation, can occur if a forensic accountant is asked to review all of the business records. When this occurs, a company owner can be faced with a slew of new legal problems, further complicating the divorce.
Mistakes to Avoid When Valuing a Business
Unfortunately, errors can be made during the company valuation process, which can have negative consequences for the owner (s). These can make the divorce process even more difficult, which is why you should be aware of them. The following are some of the most common errors made in business valuations during California divorces:
- Using non-judicially recognized valuation tools, such as the market value method or the discounted future earnings method.
- Using a form of accounting that excludes all of the company's assets and liabilities
- Unusual events or temporary fluctuations in market value are not taken into account.
- When calculating goodwill worth, income multiples are used.
- Failure to take advantage of minority discounts
- In such cases, buy-sell deals can be used.
Divorce of a High-Net-Worth Couple
Many high-net-worth individuals live in Los Angeles County. These individuals also face specific difficulties when it comes to asset division, assessing the worth of investments, factoring in debts and liabilities, and more when going through the divorce process.
Even when a prenuptial arrangement is in effect, divorce proceedings for high-net-worth individuals can be complicated, requiring a specific viewpoint, extensive knowledge of family law, and experience with substantial assets.
Keeping Your Assets Safe
Any Los Angeles Family Attorney for someone with a high net worth must be aware of and consider the many complexities that come with calculating net worth, which includes both assets and liabilities.
- Families run businesses and live in their own homes.
- Stocks, bonds, and other types of investments are available.
- 401(k)s and retirement savings
- During the marriage, you accumulated debts and liabilities.
High-net-worth individuals frequently have significant assets and liabilities that must be considered when determining total net worth, asset division, and other factors.
Divorce affects many facets of a person's life, including their financial situation. This does not, however, imply that you must abandon the lifestyle you enjoyed during your marriage. Courts must share assets in an equitable manner so that neither party benefits at the detriment of the other.
Division of Assets
Divorce cases also include asset separation, which necessitates the use of forensic experts to determine the value of the properties and the best way to divide them. In such cases, the L.A. Family Law Attorney must have the expertise and skills necessary to recognize a wide range of business, legal, accounting, and tax-related issues pertaining to the asset division. In order to plan and present your case, your counsel must organize, supervise, and oversee a team of experts.
In a California divorce, how are properties divided?
Since California is an equal distribution jurisdiction, your counsel would have to decide whether your assets are community or separate property. Community property refers to assets acquired during your marriage, while separate property refers to assets acquired before or after your marriage. Asset division is one of the most contentious issues in any divorce, so you'll need good legal counsel on your side.
- A closely held company
- A closely held company, unlike a publicly-traded company, is usually owned and operated by a limited group of shareholders. Automobile dealerships, publishing firms, high-tech, and other high-growth companies, property insurance companies, and small businesses such as restaurants, gas stations, construction companies, banks, and printing companies are examples of these types of businesses. It is difficult to calculate the value of privately owned companies' securities since they are not publicly traded on the stock exchange. The level and timing of potential cash flow, as well as the assurance of the business's future, are all factors to consider when valuing a company.
- Professional Practices
- Legal, medical, and dental practices are examples of professional practices. Professional practices also raise specific valuation challenges. Healthcare costs, for example, are increasingly increasing and must be considered when reviewing a medical practice. Professional procedures, on the other hand, often necessitate a substantial malpractice insurance policy, which must be recognized. In certain cases, intangible assets like consumer goodwill and the expertise of the staff involved determine the potential success of these activities.
- Real Estate
- High-priced houses, vacant land, and shopping malls are examples of real estate holdings. Comparable real estate sold in the area, replacement value, and cash flow of any income assets are all factors in determining the value. In addition, an effective real estate valuation requires an understanding of zoning codes and the demand for particular types of land.
- Pensions of Fortune 500 Companies
- Equitable allocation of Fortune 500 Company pensions necessitates considering expected retirement age, pension value, and whether to split the pension equitably over time or all at once.
- Entertainment Industry Assets
- A divorce involving one or both parties from the entertainment industry can be particularly difficult. There are also many businesses involved, as well as other tangible and intangible assets that must be accounted for. Patents, trademarks, royalties, and other intellectual property, for example, are revenue-generating properties. Customer lists and the expectation of repeat business are examples of assets that lack real economic benefits. Experts are needed to assess the fair distribution of these assets and their worth. Choosing the right specialist, making a compelling argument, and undermining the opposing side's case are all important factors in achieving a favorable result.
Alimony
When a couple divorces, they are faced with the task of dividing their assets and debts. When one partner financially supports the other during a marriage, the dependent spouse is often left in a difficult situation when the couple divorces.
Is there a difference between alimony and spousal support?
Spousal support and alimony are basically the same thing, but the word "alimony" has been phased out in favor of the more recent term "spousal support" over the years. Spousal care is also a term used in some nations. In California, the term "spousal support" refers to payments provided from one partner to the other after a divorce.
Following a divorce, spousal support payments can be made from a husband to a wife or from a wife to a husband. The general principle is that the financially stronger partner will support the other before he or she is able to support themselves and function in a manner similar to how they did when married. In certain cases, one spouse may lack job training or have been out of the workforce for an extended period of time, making it difficult for that spouse to find work and sustain the same quality of living they had when married.
Is Spousal Support Included in Any Divorce?
There is a popular misconception that one partner will still obtain spousal help in a divorce. In fact, since most divorces aren't litigated in court, it's difficult to say how often court-ordered spousal support is part of the divorce process. Even if an arrangement between partners requires a waiver of support by the lower-earning partner, the court is likely to uphold the agreement as long as it satisfies all California legal requirements.
According to some figures, just 10-15 percent of divorcing couples currently receive spousal help. Temporary assistance can be awarded in the state of California while the divorce is pending. Pendent lite support is the term for this form of temporary spousal support.
After the parties have separated, the court may order temporary spousal support to keep the parties in the same situation as they go through the divorce process. The court, on the other hand, orders permanent spousal assistance depending on each party's circumstances. The following factors will be considered by the court:
- during the marriage, the quality of living
- each party's individual requirements
- the capability of paying
Although the courts must weigh 14 statutory considerations when making a permanent spousal support order, the decision to order spousal support, as well as the amount and length of support, is left to the court's discretion.
Spousal help was once specifically linked to marital adultery before the advent of no-fault divorce. In other terms, the state-imposed spousal support as a punishment for a "guilty" partner who supposedly violated the matrimonial covenant. Spousal maintenance is no longer considered a right in most jurisdictions with no-fault divorce laws. Even so, after child maintenance and wealth distribution, spousal support is typically the last piece of the financial puzzle to be finalized during a divorce.
While some states do not have time limits on spousal support, others find it almost impossible to obtain. California is usually in the middle of the two extremes, and although genuinely permanent spousal support is possible, it is not very common.
Is the State of California bound by a ten-year rule?
Many people assume that California has a "ten-year law," which states that a partner who has been married for at least ten years is entitled to permanent spousal support. This is not the case. A ten-year or longer union, on the other hand, is a significant achievement that can influence whether the court can reconsider the question of spousal support in the future.
In addition, in California, spousal support will extend up to half the duration of a marriage that has lasted less than ten years. The length of spousal support is not fixed in marriages lasting more than ten years; rather, the burden is on the paying partner to show that spousal support will not be required at any point in the future. The length of spousal support is left to the court's discretion, but in general, a receiving spouse is only entitled to spousal support for as long as it takes that spouse to become self-sufficient.
Although spousal support in California can be referred to as "permanent" when it is awarded in a long-term marriage, it is extremely rare for a California judge to order genuinely permanent support. If the receiving partner claims that he or she is unable to work or find full-time employment, this assertion must be supported by facts. Long-term spousal support orders are normally reduced progressively over time until they are reduced to a very small number. To put it another way, although the court can not terminate spousal support on a particular date, it may set a termination date that will take place unless the spouse receiving support asks for an extension before that date.
Modification of a Decision After It Has Been Made
When a divorce is finalized, a judge will draft a legal decree that covers all remaining issues, such as estate separation, child custody, child support, and alimony. In addition, if the court's guidance is not followed, the order would specify the consequences. Obviously, courts are unable to predict the future or account for the likelihood of a shift of circumstances. The court may be willing to amend the order if circumstances change.
What are the variables that can be changed?
If you need to make a change due to a change in circumstances, you can do it as soon as possible. Modification lawsuits may be heard in court for a number of reasons, including work loss, recent injury, family relocation, or a shift in living arrangements, to name a few. The following are examples of modification scenarios:
- Child Support
- Alimony
- Custody of the child
- Visitation of children
- Within-state relocation
- Relocation to another state
What is the purpose of a post-judgment modification?
Before California considers a modification, you must show that your condition has changed significantly, unexpectedly, and continuously. In situations involving child care, you might be able to request a modification due to a work loss or a change in custody arrangements. A change in financial circumstances, a decline in health, or a change in living conditions could cause spousal support to be changed. A change in a parent's work schedule, relocation, medical problems, and a variety of other factors that affect a child's life may result in a modification of child custody. If a parent may show that he or she has had a substantial loss or change of income, severe health problems, or other major life changes that have impacted his or her ability to pay, child support can be changed. Modifications to the relocation can be requested based on what is best for the child's academics, family relationships, social life, and other factors.
Move-Away Cases
One or both parties in a divorce sometimes wish to relocate, whether for financial reasons or simply to start over. When children are active, movement becomes more difficult. In the past, the primary custodial parent could always relocate without regard for the other parent's right to see the kids. In certain cases, however, a recent court ruling gives the non-custodial parent the authority to avoid such a move. Based on considerations such as the child's age, the distance of the move, relationships with both parents, the child's choice, and the reasons for the move, the court will determine whether the move is in the child's best interests. Being on the receiving end of a move-away case is tough, and our California Family Law Attorneys recognize the importance of prioritizing your children's needs.
- Sole Custody and Move-Away Cases
- When a parent has full physical custody of their children, they will normally move away with them without problem unless the non-custodial parent can show that the children will be affected as a result of the move. Of course, since every case is different, you should seek legal advice from a qualified Los Angeles Family Law Attorney before continuing. If you are a non-custodial parent and are concerned about the effect on your relationship with your children, consult a California Family Law Attorney about your parental rights.
- Joint Physical Custody and Move-Away Cases
- Relocation issues can become even more complicated in cases where parents share shared physical custody. This is particularly true if one of the parents is opposed to the relocation. To have a move like this accepted by the court, the parent who wants to transfer must show that the move is in the child's best interests. This can be difficult to prove, so if you're the parent who wants to travel or the parent who wants to keep your child from moving, having good legal counsel on your side is critical.
Beyond the Divorce
Here are other family law areas that might be directly affected by your divorce. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.
Orders of Visitation
The way parents spend time with their children is determined by a visitation order. Except under very exceptional cases, a parent who does not have custody of their children will normally maintain the right to visits with their children. Depending on the circumstances, the number and form of visitation can differ.
One common question is whether grandparents are allowed to request visitation. Grandparents in California will file a petition requesting fair visitation rights. To decide if a grandparent can have visitation rights, the court would consider the following factors:
- Whether or not the child and grandparent had a partnership before the petition was filed.
- Is it in the best interests of the child to have a relationship with his or her grandparent?
- Whether or not the child's parent wants to use his or her parental authority to decide whether or not a grandparent can visit the child.
Choosing Custody and Visitation Plans
When it comes to determining child custody and visitation, the court prioritizes the best interests of the children. When deciding on child custody, the court will consider the following considerations, according to California Family Code Section 2011:
- The children's age and fitness
- The children's and their parents' emotional bonds
- Each parent's ability to care for their children
- Family violence or drug abuse histories
- Connections between children and their families, schools, and communities
Child Support in California: Factors Affecting It
Child care in California is calculated based on a variety of variables relating to the parents and the child. The following are some of the most important considerations to consider when evaluating a child support award:
- Each parent's earnings
- The amount of time each parent spends with their child
- The endorsed party's profit ability
- Costs of child care
- Each parent's share of income taxes
- Additional costs that have a financial effect on the family
Parenting Plan
Parenting arrangements are referred to as custody or visitation agreements in California. The parents will collaborate to decide how and when each parent will spend time with the children and how everyday decisions will be made. A written parenting plan is important because it makes co-parenting after divorce much easier. The following are only a few of the many considerations to consider while drafting your parenting plan:
- Assuring that your children's basic requirements are met
- How the medical needs of the child will be met
- Instead of the other way around, try to mold your parenting strategy around your children.
- Maintain some level of continuity in your child's life so that they feel secure in their routine.
- Decide how you'll treat holidays, vacations, birthdays, weekends, and other special occasions.
- Remember to be flexible during the process of deciding parenting time, no matter how difficult it might be.
- Ensure that schedules are communicated on a regular basis.
- Discuss transportation and any related expenses openly.
- Throughout the preparation process, keep both physical and legal custody in mind.
Modifications and Enforcement of Child Support
If you feel your or your former spouse's income is not being fairly measured, that you are paying more than your income requires, or that payments are complicated due to the nature of your job, our team will help you advocate for a more equitable settlement. When conditions dramatically alter, child support changes are allowed. The court could consider making changes to your current child support agreement if you have lost your job, have a serious health condition, or a number of other factors. Your California Family Law Attorney will also work with the court to ensure that your child's care is provided by the other parent if you need help implementing an established child support order. The bottom line is that a Los Angeles Family Attorney is here to serve your interests, regardless of your situation.
Paternity
The legal term for a case involving child custody or parentage is paternity. When the natural parents are married at the time of a child's birth, there are usually no concerns over child custody since the father's paternity is presumed by the statute. When a child is born to an unmarried parent, paternity issues are common. In these cases, the child's parentage must be legally identified before the court can decide on child care, child custody, visitation rights, name changes, health benefits, or birth expenses.
What Makes Paternity So Difficult?
Establishing paternity can be a difficult process that is made even more difficult when the parties are at odds. In cases where paternity is disputed, the court can order a genetic test, also known as a DNA test, to determine the father's paternity. A voluntary declaration of paternity may be used to determine the paternity of a child in some cases. In certain cases, child custody specialists might be called in. The law may also determine that there are more than two legal parents in certain cases.
Other concerns include deciding who will care for the child, where the child will attend school, what extracurricular activities the child will participate in, the relocation of a party with the child, and the circumstances under which a parent will take the child out of the county, state, or country.
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