Beverly Hills Divorce Attorneys
Protecting Your Rights and Interests Throughout the Divorce Process
Ending a marriage involves a mix of logistical and emotional challenges. While California law outlines the process for divorce, how it unfolds depends on each couple’s situation. Issues such as property division, spousal support, and child custody must be handled carefully. The more you understand about how divorce works in California and how an attorney can help, the more prepared you’ll be to get through the months ahead.
At Baron Family Law, PC, we understand how much each decision made during a divorce affects your life moving forward, and we are here to ensure you have the legal counsel you need every step of the way. Call 916-694-1164 to schedule an appointment and find out why you need a family law attorney as your advocate.
How Divorce Works in California
Every state has its own laws and requirements for the divorce process, and it is critical to understand these rules before you proceed. In California, at least one party to the divorce must have been a resident in the state for at least six months to be eligible to file for divorce. The person filing must also be a resident of the county where the divorce is being filed for at least three months prior.
Unlike some states, you don’t have to have specific grounds to file for divorce in California. The law allows for divorces to be based on irreconcilable differences that have resulted in the permanent breakdown of the marriage. Your spouse does not have to agree to the divorce, but it can create additional challenges.
The basic process for getting a divorce in California involves:
- One spouse filing the petition and serving the other
- The other spouse filing their response
- Both parties completing financial disclosures
- Settlement negotiations or a trial to determine property division, spousal support, child custody, and child support, if applicable
- The final judgement
A minimum of six months is required between the initial filing and the final judgment, but the process can take much longer if the parties are not in agreement about any of the terms.
The Collaborative Divorce Process
A collaborative divorce is an alternative approach to the divorce process that involves the spouses working together with the help of their attorneys to reach a settlement without needing court intervention. The first step is for both parties to sign a participation agreement that outlines the scope and steps of the collaborative divorce process. This ensures everyone understands what to expect and is on the same page from the very beginning.
Throughout the settlement process, the parties generally meet face to face, along with their attorneys, to discuss the individual issues in the case, such as property division or child custody. The focus of this process is to prioritize moving forward instead of blaming each other and resolve the issues as civilly as possible.
The collaborative divorce process can be highly advantageous for both parties, as it allows them to retain control of their divorce settlement and can make the process much faster than going to trial. A less contentious process is also often better for everyone involved, including any children.
Unique Challenges in High Net Worth Divorces
For couples with high net worths, the divorce process comes with special challenges. Property division is more complex and may include assets such as businesses, investments, stock options, and multiple real estate properties. Determining spousal support and child support may be more challenging for high-income couples, and there are significant tax consequences to consider.
If you have a high net worth and you’re considering divorce, it’s critical to work with an attorney who has extensive experience in this area. They know how to identify potential challenges and can talk with you about your options for keeping sensitive financial data out of the public record.
Property Division and California’s Community Property Rules
Property division in divorces in California is generally straightforward because of the community property law. Simply put, this means that all assets and debts acquired by either party during the course of the marriage are considered marital property and subject to division. Separate property must have been owned before the marriage, and some gifts and other situations, such as an inheritance, may also be exempt.
We often see two major misconceptions when it comes to property division during the divorce. The first is that an asset or debt being in only one person’s name makes it separate property. In most cases, if the asset or debt was acquired during the marriage, it’s community property regardless of whose name it’s in. There can be some exceptions, so it’s always a good idea to discuss your situation with a family law attorney to ensure you receive tailored legal counsel.
The second major misconception is that property owned before the marriage is always separate property. If the property was used for marital purposes or was commingled with community property, this could make it all community property. For example, if you owned a home prior to the marriage but then used it as the family home, this court could determine that it is community property. These situations are complex and highly dependent on a variety of factors, and an attorney can provide more guidance on your specific situation.
Spousal Support Considerations
Spousal support isn’t a part of every divorce settlement, but it does become a factor in many situations. Spousal support can be awarded temporarily as a way for one party to have adequate financial means as they move to be self-supporting or on a long-term basis. Many factors are used to determine whether spousal support is appropriate and how much and for how long, if so. These include things like the length of the marriage, the income and earning capacity of both parties, the child custody arrangement, and whether there is substantial proof of domestic violence during the marriage.
How long spousal support is awarded usually depends on the length of the marriage. For marriages that lasted less than 10 years, the usual term is half the length of the marriage. A marriage lasting longer than 10 years is more likely to result in a long-term spousal support award, but this can still end if the supported spouse remarries or there is a significant change in circumstances.
It’s a common myth that only women can receive spousal support, and as a result of this misconception, some men may lose out on thousands of dollars in support payments that could help them move forward with their lives. The law allows either party to pay spousal support to the other, and who pays whom is determined by the overall financial situation and other applicable factors. Talking with an attorney is the best way to find out if you could be owed spousal support.
Determining Child Custody and Child Support
When a divorce involves making decisions about children, the court’s primary concern is their welfare and best interests. Legal custody and parenting time will need to be determined, and the court uses several factors to understand what’s in the children’s best interests if the parents can’t agree on these terms. California has a rebuttable presumption that joint physical and legal custody is in the best interests of the child unless there is significant evidence to the contrary. Examples of situations that could affect this presumption include child abuse, substance abuse, and the parents’ ability to coparent civilly.
Child support is calculated separately but is impacted by child custody because the amount of time each parent spends with the child is part of the determination for the child support award. Other factors include each parent’s income and whether there are additional expenses, such as child care or health insurance premiums. A family law attorney can help you navigate these complex matters and ensure you understand your rights and obligations as a parent.
Get Help From a Beverly Hills Divorce Lawyer at Baron Family Law, PC
At Baron Family Law, PC, we’re focused on helping clients navigate the divorce process and work diligently to achieve the strongest outcomes in every case. Our team includes a Certified Family Law Specialist, bringing an additional level of knowledge and strategy to your situation. Our practice is 100 percent focused on family law litigation, which means we understand the issues involved in high-asset and high-conflict cases. We can help you anticipate challenges, create an effective legal strategy, and fight for your rights as you navigate the path forward.
Call our office at 916-694-1164 to schedule an appointment to discuss your needs and learn more about how our team can help you through the divorce process.