Los Angeles, Southern California Law Firm - Diamond, Burt & Akhkashian
Home Areas of Practice Attorney Profiles Clients Firm Philosophy FAQ Contact Us
Los Angeles Bankruptcy Litigation
Southern California Family Law
Criminal Defense
Driving Under the Influence - DUI
Immigration Law Attorneys
Education Law
Personal Injury
Business and Corporate Law
Real Estate Law
Restraining Orders
General Litigation
Law Enforcement

Instant Call Back from our Los Angeles Law Firm

Legal Library / Frequently Asked Questions

DUI Q & A spacer Estate Planning spacer Family Lawspacer Green Cards

FAMILY LAW
The following information is intended for California residents only and is intended only as a general discussion not as legal advise for any individual’s specific situation. You can not rely on the limited information given on this website to make decisions concerning your particular case or issues. No attorney-client relationship is established simply by you reading this general information and no relationship exists until a retainer agreement is signed with the Law Offices of Diamond, Burt & Akhkashian, LLP.

If you have decided to pursue obtaining a divorce, the State Bar of California has put together an excellent pamphlet on what your options are in a divorce. Please click of the link below for the pamphlet. Divorce Pamphlet

What Reason Do I Need to Get a Divorce?

California is a "No Fault Divorce" State. This means that either party may file for a divorce and the other spouse cannot stop the divorce once the process has begun. There are only two true grounds for divorce in California, the first is incurable insanity but since this is rare there will be no discussion on that topic. The second reason is irreconcilable differences. This is a popular reason for a divorce. A spouse abandoning his/her family or having an affair are not valid grounds for a divorce, but they often do lead to irreconcilable differences. The bottom line is that a judge typically will not want to listen to reasons why you want a divorce but simply that you want the divorce based on irreconcilable differences.

What is the Difference Between Legal Separation and Divorce?

The answer is "not much." Both procedures involve the exact same issues: division of property; child custody and visitation; child support; and spousal support. The only real difference is that with a legal separation, you are still married to the other party and with a divorce you are no longer married to the other party. With a divorce you are free to remarry, but with a legal separation you cannot remarry. Some common reasons that a person would want a legal separation include religious reasons; keeping the other party covered by your health insurance because he/she could not otherwise be covered; and as a means of giving the other party one last chance to 'clean up their act.'

What are the Requirements to be Able to File for Divorce?

There are not many. You need to meet the resident requirements of living in California for at least six months, and for three months in the County that you wish to file. Additionally, you need a valid reason for a divorce, which as stated above would be incurable insanity or irreconcilable differences.

What Do I Do if I am Dealing With Issues of Domestic Violence?

Domestic violence is a very serious problem and one that the Law Offices of Diamond, Burt & Akhkashian, LLP, pays special attention to protect the 'victim spouse'. The first thing that a person should do in order to protect oneself and any child involved in the relationship is to call the police and have a police report taken as well as have the perpetrator arrested, if possible. These situations usually also involve criminal proceedings. The police have the ability to remove the individual from the home immediately, and the Court has the power to issue restraining orders to protect both you and your children. However, it is important to note that a Court is slow to issue restraining orders based on instances in the distant past or based on remote experiences. Additionally, a Court will react harshly to an individual who lies about domestic violence as a tactic to gain advantage in a divorce.

What about Child Custody and Visitation?

Many people do not fully understand what the term 'child custody' really means. There are two types of custody, 1) legal custody, and 2) physical custody. There are two types of legal custody, a parent either as sole legal custody or joint legal custody. Absent a showing that a parent is unfit, a court will typically award both parents joint legal custody. Joint legal custody means that both parents have the right to determine the child’s education, medical treatment, religious upbringing, access to medical and school records, etc. Physical custody refers to whom the child will primarily live with. The other non-custodial parent is given visitation rights. While both parents may want to be the custodial parent that is usually not possible as the courts recognize it is in the child's best interest to have a stable home in which the child can consider its primary home. If the parents are unable to decide amongst themselves which parent should be the custodial parent, then typically the court will order a child psychologist to do a home evaluation and to make a recommendation to the court as to which parent should receive primary physical custody. The court will usually not allow a child to determine for itself which parent it wants to live with. However, after a child reaches the age of 13, a court is more willing to differ to the child's wishes as long as it appears the child is intelligently and voluntarily making the decision with a mature mind.

Will I Receive/ or Pay Child Support?

The answer is yes. Child Support is an obligation of both parents that the Court will strictly enforce. Therefore, usually one parent will pay child support to the other parent. Who receives and who pays depends on many issues. However, the biggest issues that affect child support are both parents' income and the percentage of time each parent has physical custody of the child. These factors, along with others, are input into a child support calculation program that then determines the support amount for each child. A child support obligation is always modifiable, therefore if you are responsible for custody payments, and you loss your job, or receive a pay cut, you can have your support obligation lowered. If you receive child support, you can have the payments increased if the other parent receives a pay raise. Child support continues until the child turns 18, if graduated from high school or when the child graduates from high school, but in any event no later than when the child reaches the age of 19.

Will I Receive/ or Pay Spousal Support?

The answer is "it depends". Unlike child support, the Court has a lot more discretion with spousal support because there are many factors to consider. There are too many factors to address here, however, one rule of thumb to keep in mind is that both spouses have the right to maintain the same standard of living, or as close to it as possible, as they did during the marriage. If one party makes significantly more income then the other, it is likely that spousal support will be ordered. Under California law, if a marriage is under 10 years, then a spousal support order will typically only last for half of the duration of the marriage. If it is a marriage of 10 or more years, then it is considered a long term marriage and a spousal support order will continue indefinitely until the receiving spouse remarries or dies.

How Will the Court Divide Our Property?

California is a community property state. That means that each spouse is entitled to one half of the property that was acquired during the marriage. If the parties can not agree on who gets what in an equitable fashion, then the Court may order that assets are sold and each party get one half of the proceeds. Typically, if there are any children from the marriage, the custodial parent will continue to live in the family home until the children reach the age of 18 and graduated from high school. Then the court will order that the home be sold. However, parties are always free to agree to buy the other one out from the property or asset. Assets such as pension plans, 401K plans, or family owed businesses are often more difficult to value and a forensic accountant usually is retained to assist in valuing such assets.

What About a Paternity Case?

In today's society, there are many couples that have children together but never are legally married. When the relationship ends, much like in a divorce, child custody/ visitation and child support are at issue. The Law Offices of Diamond, Burt & Akhkashian, LLP, have helped many parents who find themselves in this situation. We have obtained legal custody for parents who have found themselves in heated custody fights. While these parents do not have to go through divorce proceedings, they still have to go through what's called a 'Paternity Action' to establish custody over his/her child. For more information regarding custody/ visitation and child support, please see the referring sections above.

What If We Do Not Want a Contested Proceeding?

Family law, by statute, is designed to encourage mediation and settlement. A divorce or paternity action does not have to go to trial and be a contested matter. If both parties are willing to be reasonable and fair and can come to an agreement, then the parties can file a stipulated judgment for the judge to sign. Once the judge signs the stipulation, it becomes the court order. It is important to understand that while some cases simply can not be handled uncontested, in general, it is usually best to agree on as many issues as possible. If you leave it up to the judge, you may end up with less then what was offered to you during settlement discussions. We have drafted many stipulated judgments that have held up well and that the parties were happy with.

STEPPARENT ADOPTION INFORMATION

The Law Offices of Diamond, Burt & Akhkashian, LLP, have assisted many couples in stepparent child. Below is information to assist you in understanding the stepparent adoption procedure.

Legal Requirements to Adopt Your Stepchild

  1. Your spouse must be the legal parent of your stepchild and have the legal right to exclusive or joint custody of the child.
  2. If you are the stepfather who wants to adopt:
    • Legal Parentage - Your wife can usually establish herself as the legal parent with a recorded birth certificate naming her the mother, unless her parental rights have been terminated through court proceedings.
    • Legal Custody - A mother living with her child can establish her legal custody if:
      • She is divorced from the legal father and has a court order giving her sole or joint custody; or
      • She is divorced from the legal father, who has a court order granting him legal custody but has voluntarily agreed to her having actual custody; or
      • She became the sole custodian when the legal father died; or
      • She became the sole custodian when the legal father lost his legal parentage through legal proceedings; or
      • The child was born out-of-wedlock, and there is no court order affecting custody of the child
  3. You, the adopting parent, must be at least 18 years old.
  4. You must be legally married to your spouse.
  5. You must have the consent of:
    • Your spouse; and
    • The absent parent, unless he is deceased or the court rules that his consent is not necessary; and
    • Your stepchild, if he/she is 12 years old or older.
  6. Investigation and Approval of the Department of Children and Family Services.
  7. Approval of the Superior Court

Legal Consequences of Adopting Your Stepchild

An adoption creates a legal parent-child relationship and gives you, the adopting parent, and the child legal rights and responsibilities.

  1. The adopting parent becomes responsible for the care, education, and support of child.
  2. Should you and the mother ever divorce, you will be liable to pay child support.
  3. The child becomes your legal heir and has the same right to inherit from your estate at your death as any other heir you may have in the same class.
  4. Under some circumstances, you may be liable for legal damages caused by the child. In a case involving personal injury caused by the child, you may be sued as well as the child.
  5. You have the legal right to control and appropriately discipline the child.
  6. The natural father's parental rights are terminated.
  7. The child's last name may be legally changed to your last name, the birth certificate may be changed to reflect you as the legal father.

Documents You Need to Give to Your Lawyer
  1. A certified copy of the child's birth certificate
  2. Your current marriage certificate
  3. Any prior marriage certificates
  4. Any divorce decrees (judgments)
  5. Any court orders regarding custody of the child
  6. Death certificate of parent (if applicable)
  7. All parties Social Security Numbers, include child
  8. Information regarding any past arrests
  9. Information regarding any history of drug or alcohol abuse/use

PRIVATE ADOPTION

Adoption is a loving alternative to natural childbirth. There are many couples who find themselves unable to naturally have children, or simply elect not to try natural childbirth and prefer to adopt. There are three main ways to adopt, 1) go through the county adoption services, 2) go through an adoption agency, or 3) use an attorney for a private adoption. It is a personal decision which way you will use; there are positives and negatives of all three ways. For the first two ways, it is typically a lot cheaper but it takes a lot longer for the adoption to go through. Usually, the county will want you to first become the child's foster parent before you are eligible to adopt the child. It can take as long as one to two years before the adoption is finalized. Parents who use these two ways to adopt also usually complain of the county social workers becoming so involved in their lives that at times it becomes uncomfortable. Private adoption typically is a lot easier on the adopting parents and social workers are not in 'control' as with the other ways of adoption. In a private adoption, the attorney finds the unborn child for the adopting parents and sometimes, if the birthmother is in agreement, the adopting parents can be present at the birth of the child and take the child home directly from the hospital. However, private adoptions are expensive and therefore, parents who wish to use an attorney for a private adoption can expect to spend as much as $5,000 to $10,000 and more for all the expenses involved in the adoption. If you are interested in a private adoption, please give us a call for a free consultation.




Los Angeles Lawyers & Attorneys at Law - Southern California Law Firm
Contact Los Angeles Law Firm
© Los Angeles Law Firm - Attorneys at Law

Attorney Web Design The information on this Los Angeles Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Burt & Akhkashian and the Law Offices of Diamond & Associates are two different and unrelated entities. As such both offices are independant of one another and an attorney-client relationship only exists with one entity and NOT the former law firm of Diamond,Burt & Akhkashian.

This attorneys handle cases such as: Los Angeles Family Law, Bankruptcy Litigation, Los Angeles Criminal Defense, Driving Under the Influence, Immigration Law, Education Law, Personal Injury, Business and Corporate Law, Real Estate Law, Restraining Orders, General Litigation & Law Enforcement in Los Angeles & Southern California.

Los Angeles Criminal Defense Lawyer | Los Angeles Criminal Defense Attorney | Los Angeles Bankruptcy Lawyer
Los Angeles Family Law Firm | Site Map | Disclaimer

Burt & Akhkashian: 1055 Wilshire Boulevard   Suite 1996   Los Angeles, California 90017
Diamond & Associates: 3055 Wilshire Boulevard   Suite 1200   Los Angeles, California 90010