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Los Angeles Family Law Attorneys & Lawyers
Divorce
The decision to divorce is a difficult one to make, particularly if children are involved. At Diamond, Burt & Akhkashian, LLP, we can help you through this emotionally and financially demanding time. In any divorce, there are complex issues to sort out, including division of assets, property and debt, business issues, child custody and visitation, spousal support, and others. We have handled divorces for clients for many years and have the experience and knowledge to help your divorce proceed smoothly.
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. California is a "No Fault Divorce" State so you do not need to prove grounds for a divorce, you simply need a valid reason for a divorce. The usual reason for most people is irreconcilable differences. If one party wants a divorce, the other party can not stop it.
What is a "no fault" divorce?
"No fault" divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault."
To get a no fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's enough to declare that the couple cannot get along. This reason is usually called "irreconcilable differences." 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.
Contested vs. Uncontested Divorces
In an uncontested divorce, the spouses are able to come to an agreement to divorce and can be agreeable on the terms of their divorce, settling such matters as child custody, spousal support, how to divide assets and debts, and other issues related to their marriage. In this case, we can review your terms to ensure you have covered all the necessary points, then draft and help finalize the divorce for you. Uncontested divorces can save the parties thousands to tens of thousands of dollars on legal and court fees. However, even in an uncontested divorce the parties should still use an attorney to ensure that all procedures are done right and to ensure that the judgment actually means what the parties intended.
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.
A contested divorce, on the other hand, means that the parties can not come to an agreement to the terms of the divorce. Complex and aggressive negotiations may be required to reach a resolution. At Diamond, Burt & Akhkashian, LLP, our divorce lawyers are sensitive to your unique situation, and we will aggressively protect your interests. In a contested divorce, the parties are going to Court and you will want an experienced litigator on your side.
Some Do's and Don'ts of the Divorce Process
Divorce can be a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. Following are some "do's and don'ts" during the divorce process.
THE DO's
Be reasonable and cooperate as much as possible with the other party. Reasonable compromise yields quicker and easier results in divorce cases.
Support your children through this process. It's even tougher on them than on you. Don't make them pick sides.
Let the other party know when and where you will spend time with your kids while you work out permanent custody arrangements. The other party might think you've tried to run away with the children and this can cause BIG problems. If the other party has to ask the police to track you down, that will not look good during custody or visitation hearings.
Fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final. Additionally, the Court may give any "undisclosed" asset to the other side for failure to not disclose the asset.
Ask your attorney if anything doesn't make sense. Your attorney works for you, and should help you understand every part of the divorce process.
THE DON'Ts
DON'T make big plans to take a job in another state or move out of the country, unless it is absolutely necessary, until your divorce is final. Your new life could interfere with getting your divorce finalized as well as open up additional issues that you will have to deal with during the divorce.
DON'T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer. DON'T "give away" property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.
DON'T close any bank accounts or cancel any insurance policies including life insurance after your divorce as begun.
DON'T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.
Read more about Family Law by clicking the links below:
If you have a Family Law related matter, please contact our Los Angeles Family Law team today!
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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.
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