Los Angeles Divorce Attorney Divorce Overview
California law recognizes divorce as “the dissolution of marriage” and requires either spouse be a state resident for at least six months in order for the petition to be filed. The spouse filing a petition with the Superior Court must also prove what the court considers substantial reasons for the marriage to be dissolved. Once the other party is served with the papers, they have thirty days to respond.
A divorce is never easy but with an experienced family law attorney by your side it can be manageable. At The Law Offices of Elena Mebtahi we can work with you to provide you with your options and sound advice. We handle all aspects of family law with compassion but will fight for our clients best interests at all times.
Contested/Uncontested Divorce
A divorce may start out on mutual grounds, but what results in either a “contested” or “uncontested” divorce is the process of negotiating its terms. If the parties are fortunate enough to remain in agreement over property and/or debt division, child custody and/or support terms, a family law attorney can help finalize an uncontested divorce without any court hearings or a trial. When the parties can't come to an agreement, a court hearing may be set. The more contested or prolonged a divorce, the more grueling the process will be and the more costlier it will get. The best preparation for any possibility is an attorney with good qualifications who is also compassionate.
Custody and Visitation
Dividing a family is most often what makes a divorce a contested one and where the court steps in to decide what is in the best interest of the child/children involved, when the parents can not reach an agreement themselves. The judge awards primary custody to the parent best suited to provide for the health, safety and welfare of the child. Visitation rights are based on how the court qualifies the other parent’s ability to sustain the child’s best interests as well. A court psyche evaluator may be assigned to help the Court determine which parent would be more fit to be the primary care taker of a child. All of which is very time consuming and costly.
Child Support | Spousal Support
In California, child support is mainly based on the income of each spouse, number of children and the time spent with each parent. The numbers will simply be plugged into a program called Dissomaster that is mandated by the state and it will then determine each parent’s responsibility as far as child or spousal support is concerned. The Judges generally stick to the numbers ran on the Dissomaster and only deviate from it if there are special circumstances. Alimony is generally ordered for half the length of the marriage for marriages below 10 years and life time for so called “Long Term Marriages” that are more than 10 years. The court can order alimony, or "spousal support" for a specific length of time and will consider many factors:
- Standard of living established during the marriage
- Duration of the marriage
- Financial resources, liabilities and needs of each party
- Children impacted by care-giving spouse at work
- Contribution of each party to domestic duties, the education and career of the other party
Modifications
Custody and/or visitation orders can be modified with any change of circumstances in either parent’s ability to care for the child. A good family law attorney will not only have the expertise to petition for such modifications, but also can assist the parent in achieving their objectives to meet the standards of court approval. Child and/or spousal support can be modified with changing circumstances as well: Either parent’s income or marital status, the child’s age and specific expenses such as education, healthcare, etc.
Division of Property
A “community property” state is one defining any assets or debts accumulated during the time of the marriage, as the community property to be divided equally in a divorce.
Often more difficult to establish, the “separate property” is what each individual has acquired, inherited or purchased prior to after the date of separation. It is also much easier to assure with a skilled attorney covering every detail and qualify all legal grounds.
Paternity Testing
California law entitles anyone said to be the father of a child to a “paternity” test, confirming the fatherhood. They are also entitled to have legal representation for the procedure and in any legal proceedings that follow.
Whether it’s someone wanting to secure their parental rights or someone questioning their obligation to pay child support, paternity is a crucial matter and any outcome affects the entire lifetime of those it involves.
Fathers need more than just a lawyer to represent them, it requires the support, knowledge and experience of a family attorney specialized in every aspect of helping them.
Guardianship
In certain situations, the child’s best interests may require they be in the custody of someone other the natural parents.
“Legal guardianship” is a court order awarding custody to a relative or other qualified adult, while allowing a child to continue relations with the parent(s). Legal guardians have many of the same rights and responsibilities as parents, but the child still receives financial support and any inheritance or benefits from their actual parents.
Obtaining guardianship requires a specific process of filing with the court, a recommendation from a court investigator and a hearing to get final approval from the judge. The easiest and most efficient approach is an attorney with the exact experience to assist it.
Call The Law Offices of Elena Mebtahi at 310-207-4005 for a free initial consultation.
