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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Divorce
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Contemplating divorce is never easy. In order to make a decision, it is necessary that you understand the basics and fundamentals of divorce law. Therefore, it is important to seek the assistance of an experienced family law attorney. Getting your attorney involved early is the quickest way to navigate through a divorce in a manner that preserves your long-term financial and emotional health. Generally we seek mutually agreed upon dissolution settlements; however, we acknowledge that sometimes settling is not in our client’s best interests. In moving forward toward trial, we strongly and aggressively advocate for our clients.
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Reasons for Divorce
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A divorce is a method of terminating a marriage contract between two individuals. A divorce gives each person the legal right to marry someone else, divide the couple’s assets and debts, and determine the future custody of any children.
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In California, divorces are “no fault”. A no fault divorce is a termination of the marriage where the divorce is granted without either party being required to show fault. In California, either party may obtain the divorce, even if the other spouse does not consent to the divorce. The “no fault” divorce acknowledges that both the husband and wife have contributed in some way to the marriage's breakdown, so one party is no longer "punished" -- financially and otherwise -- for being solely to blame for the marriage's failure.
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Contested Divorce
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Before a divorce may be granted, the typical issues that must be resolved are alimony or spousal support, property division and, if there are children, custody, visitation, child support and child move aways.
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In order to avoid any divorce adversity or litigation, a divorcing couple can agree on all of the above-listed issues in writing. This should result in the granting of an uncontested divorce. However, if a couple cannot agree on any of the above-listed issues, a contested divorce exists. In a contested divorce, litigation will be started, ultimately bringing the parties before a family court judge. However, the couple may also voluntarily seek alternative dispute resolution methods like mediation or collaborative divorce. In many instances, the judge may even order the couple to engage in these processes in addition to litigation. It is important to consult with an attorney before deciding which method is right for your situation.
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Divorce Litigation
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In California, most marital termination proceedings usually include some version of the following:
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- Petition. The filing of some form of petition document formally initiates divorce proceedings.
- Summons and Response. Formal notice to your spouse about your intent to pursue court action to obtain a legal divorce. The response is the other parties' acknowledgement the divorce procedure has begun.
- Motions. A formal request to the court to order some type of action before the trial. For example, in situations involving domestic abuse it is not uncommon for a motion for a protective or restraining order to be filed.
- Discovery. The phase of the proceeding where each side gathers information in support of their legal arguments. It is an important phase in contested actions, particularly if you believe your spouse is hiding assets. It includes depositions and interrogatories.
- Hearings and Temporary Orders. In some instances there are questions or situations that need to be temporarily resolved before the final divorce agreement is reached or ordered by the court. Temporary orders generally remain in effect until the final decision is made at the end of the divorce process.
- Trial. A critical court appearance before the judge where the case will be decided. The trial may include witnesses, friends, financial experts, psychologists, as well as other types of evidence including financial records.
- Judgment. The final decision is a judgment. It is not a verdict in the sense the judge assigns blame to either party. It is simply a legal statement of the judge's rulings on all the issues in question during the trial, such as custody, visitation, support and property division.
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Topics in divorce and family law of a general nature are discussed below:
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California Dissolution of Marriage
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The breakdown of a marriage is one of the most stressful experiences that a person will face. Many individuals experiencing divorce find themselves so involved in dealing with the emotional effects of the breakup that they are unable to focus on the legal dissolution process. An experienced California family law attorney can work to protect your legal interests, allowing you to focus on yourself and your family.
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[Read More]
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Domestic Violence and Child Custody
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California is a no-fault state for dissolution of marriage. However, evidence of domestic violence in a marriage can play a major role in decisions regarding child custody, visitation and support.
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[Read More]
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Questions to Ask During Divorce
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The breakdown of a marriage is one of the most stressful experiences that a person will face. Many individuals experiencing divorce find themselves so involved in dealing with the emotional effects of the breakup that they are unable to focus on the legal dissolution process. Determining the answers to the following questions will ease the parties in transitioning through the dissolution process.
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[Read More]
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An Emotionally-Lessened Divorce
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The decision to end a marriage is not an easy one and it is often accompanied with very negative emotions. The negative emotions associated with divorce often affect the final outcome of settlement negotiations, and more importantly any involved children.
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[Read More]
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Also see other divorce-releated topics:
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In recent years, more than 60% of California marriages have ended in divorce. Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary family law consultation.
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Q: What is dissolution of marriage?
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A: Rather than referring to "divorce," California law refers to "dissolution of marriage." Both terms refer to the process by which a marriage between parties is terminated and their respective legal rights and obligations regarding property, child custody, and child and spousal support are determined. There is no fundamental difference between what is called "divorce" in another state and what is called "dissolution of marriage" in California.
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Q: What is a no fault divorce?
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A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. California is a “no fault” divorce state.
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[More]
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 Judicial Council and the Administrative Office of the Courts for California
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This site contains forms provided by the Judicial Council and the Administrative Office of the Courts. The forms are provided as Adobe Acrobat documents (PDF). Some can be filled out electronically; all forms may be printed out.
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California Law Search Page Family Law Code
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This site contains California statutes covering all family law cases in California.
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[More]
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