Los Angeles Divorce Attorneys

Historically, before 1969, there were “fault” based grounds available to obtain a divorce in California. For example, before the California legislature enacted the Family Law Act in 1969, a spouse could get a divorce by proving the other spouse was guilty of adultery, extreme cruelty (resulting in grievous bodily injury or grievous mental suffering), willful desertion, willful neglect, or habitual intemperance, or if the other spouse was convicted of a felony, or was incurably insane.

The emphasis on proving “fault” to get a divorce in California added to the bitterness between the spouses and sometimes even motivated spouses to divorce. This was especially true because a trial court had discretion, by statute, to award a so-called “innocent” spouse with more than half of the community property from the marital estate if it was proven that the divorce was based on adultery, extreme cruelty, or incurable insanity.

Thankfully, California has done away with the “fault” based concept of divorce in California. Today, people will generally use one of the two grounds available for getting a divorce or a judgment for marital dissolution in California:

• Irreconcilable differences
• Incurable insanity

Family Code § 2320 (a) requires that at least one party to the marriage must have:

• Lived in California for at least six (6) months; and
• Lived in the county where the case will be filed for three (3) months before the filing of the petition.

There is no residency requirement for a nullity or legal separation case. There is also no residency requirement for a California-registered domestic partnership. However, an out-of-state domestic partnership may be subject to the residency requirement in California when dissolving a domestic partnership that was established out of state.

Spouses who do not satisfy the residence requirements but who want to pursue divorce without delay have the option of filing for legal separation (as to which there is no minimum residence prerequisite) and then amending the petition to request a dissolution once the residence requirements are satisfied. In essence, spouses do not have to wait for the residency requirements to start their divorce case.

While the court cannot enter a judgment dissolving the marriage until the six-months/three-months residency requirements are met, it can immediately act on the petition for legal separation to make temporary orders regarding custody, visitations, child support and spousal support.

Lastly, serving the legal separation petition will also start the clock on the six-month "waiting period," which is the soonest that the parties could get divorced once a case has commenced.

Due to the mandatory waiting period for divorce in California, the fastest you can get a divorce in Los Angeles County is 6 months. That does not mean that your divorce will only take 6 months, however, most divorces take longer, especially if they are contested and involve court dates for litigation. Speak with a Los Angeles divorce attorney at Castellanos & Associates, APLC to get a more accurate idea of how long your divorce might take in L.A. County.

In Los Angeles County, it costs $435 to file for divorce. The fee to file a response is also $435. This is not the final cost, however, since no two divorce cases are the same. You will need to pay additional filing fees, court fees, and attorney fees before your divorce is finalized. Speak with an attorney about your situation in order to get a more accurate idea of how much your divorce in Los Angeles will cost.

In California, "summary dissolution" is a simpler way to get a divorce. By getting a summary dissolution in Los Angeles, you will not need to talk to a judge. You will also not be required to hire a lawyer, but even the California Courts emphasize how important it is to consult a divorce lawyer if you are looking to end your marriage.

To qualify for a summary dissolution, you must meet these requirements:

• Married for less than 5 years
• No children together (including adopted and unborn)
• No land or real buildings owned
• No land or buildings rented (current residence excluded)
• No more than $6,000 in debt owed since date of marriage (car loans excluded)
• Less than $45,000 in community property acquired during marriage
• Less than $45,000 in separate property (cars excluded)
• In agreement that there will be no spousal support
• Signed agreement that includes division of property, cars, and debts

In California, legal separation allows you to live separate and apart while remaining legally married, while divorce/dissolution puts a final, legal end to your marriage.

As Los Angeles divorce lawyers, we can tell you that there has been an increase in the use of social media as a source for obtaining evidence against an opposing spouse or party during divorce proceedings. As a result, we would rather not have clients using Facebook, Twitter and other social media during their family law cases to avoid posts, comments, and embarrassing moments caught on Facebook being used against against them.

Family Lawyer Magazine has published a terrific article on the use of Social Media during divorce proceedings entitled “Social Media In Divorce Proceedings,” written by Judge Michele Lowrance and Pamela J. Hutul. Also, in a study published by the University of Birmingham, we learned that information-sharing on Facebook could end some relationships.

To file for divorce in Los Angeles County, you will need to follow these steps:

• Fill out the divorce forms - You will need FL-100 Petition and FL-110 Summons (also FL-105/GC-120 and FL-311, if you have children with your spouse). You can download the divorce forms or pick up divorce paperwork from the courthouse.
• Review your paperwork - Make sure there are no errors and that all necessary information has been provided. This is an excellent reason to have a divorce attorney in Los Angeles when filing for divorce.
• Make two (2) copies of all forms - One copy is for you, one is for your spouse, and one is for the court.
• File your divorce papers - File your divorce papers at the Stanley Mosk Courthouse and pay the $435 filing fee for dissolution in Los Angeles County.
• Serve your spouse - Someone age 18 or older (not yourself) must give or "serve" copies of the divorce papers to your spouse. This can be done by a friend or relative, but is often handled by a sheriff's deputy or process server. "Proof of service" (form FL-115) must be provided to the court.