DISSOLUTION

Divorce Lawyers in California

The divorce rate has increased over the years, and much of it has to do with social acceptance. Social acceptance, however, does not make the dissolution of a marriage in Los Angeles and San Bernardino any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the correct information can help you make informed decisions.

At Bowen & Kennedy, P.C., we understand you have questions. We can help you understand your rights and responsibilities during this difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact us online or at 866-372-0569 to schedule a free 30-minute consultation.

Uncontested and Contested Los Angeles Divorces

The divorce process is partly dependent on whether it's contested or not. Uncontested divorces can move quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.

The process will proceed to trial unless the soon-to-be ex-spouses can reach an agreement. Sometimes, mediation or another alternative dispute resolution process may be used to help them reach that agreement.

Common Grounds for Divorce

In most states, you do not have to show fault to get a divorce. Most divorces today are no-fault divorces. There are, however, some divorces where one spouse must or prefers––for strategic reasons––to show fault.

No-Fault Divorces

A no-fault divorce may be sought when a marriage is deemed irretrievably broken or the spouses claim irreconcilable differences. An irretrievably broken marriage means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.

Some locations that allow divorce on the grounds of irreconcilable differences may require separation for a specific time.

Fault-Based Divorces

Fault-based divorces are seldomly required today, but some people may still wish to pursue a fault-based divorce for several reasons, like using it as a factor to obtain a better outcome for:

  • Property Division
  • Spousal Support
  • Child Support
  • Child Custody

The grounds for a fault-based divorce typically include things like:

  • Adultery: the other spouse had an affair during the marriage
  • Abandonment: the other spouse has physically left or has refused to engage in sexual relations for at least one year
  • Cruel treatment, the other spouse makes it unsafe or improper to live with them
  • Felony conviction, the other spouse has been in prison for at least three consecutive years
  • Substance abuse: the other spouse has an addiction to alcohol and/or drugs

Fault-based divorces are far more contentious. However, they can lead to better outcomes in property distribution, alimony, child support, and custody arrangements for the spouse who filed for the dissolution of the marriage.

Property Division

Property division is a vital part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage instead of separate property the spouse had before the marriage.

Types of marital property include:

Real Estate

Bank Accounts

Investment Property

Vehicles, Boats

Furniture

Artwork

Pensions

Securities

Retirement Accounts

Debt

There are two ways this property is split, and it depends on your jurisdiction:

  1. Community property where assets are split 50-50; and
  2. Equitable distribution is where assets are divided fairly and not necessarily equally.

Divorce for Business Owners

When a couple divorces in California, their debt and marital property – the property they have accumulated and shared during their marriage – is subject to property distribution. Depending on your jurisdiction, it is split equally (community property states) or equitably (equitable distribution states). Sometimes, marital property includes a business that the couple started together or one spouse started either before or during the marriage and continued to grow during the marriage. Under these circumstances, the company will also likely become subject to property division unless you take steps to safeguard it.

Ways to Protect Your Business During a Divorce in California

If you do not have a contract, whether a prenup or an agreement to buy/sell, you can still take measures to protect the business.

  1. Establish yourself as the sole owner of the business. Organizing documents should specify that the company is not transferable in the event of a divorce. You may still need to provide a cash award to the non-titled spouse at the time of divorce.
  2. Keep your records. Even things like office furniture and office rent should not be paid with marital assets, and it is important to maintain records to clarify this.
  3. Separate finances. It would be best to keep business and personal expenses distinct; by not doing so, you can show that the company is separate. The opposite is true if you do commingle funds.
  4. Spouse as an employee. If your spouse worked at all, even if very minor, keep documents proving the spouse was paid for their services.

Generally, you want to maintain clear and thorough records of everything related to your business.

Gray Divorce

While the overall rate of divorces in our country has declined, the rate for couples over the age of 50 has almost doubled since 1990. The phrase coined for this type of divorce is gray divorce.

Gray divorces differ from divorces between younger couples. Under a gray divorce, children, if any, are typically grown and independent by the time a married couple files for divorce, so child custody and child support are generally not issues with which to deal. There are, however, other pressing issues in the marriage, the bulk of which involve retirement benefits and investments. Alimony, more commonly known today as spousal support or spousal maintenance, is another important matter, mainly because the dependent spouse may not be at a point in life where finding a job or starting a career is feasible, especially if they have been at home over the years to care for children specifically and the home generally.

How Domestic Violence Impacts Divorce

Domestic violence in California is persistent and can affect families in profound ways that impact their present and future lives. False accusations of the same are also damaging. In divorce, both occur. In many cases, a cause for the dissolution of the marriage is domestic violence, while in other cases, false accusations are made to exact revenge on a spouse. In both circumstances, the effects are damaging to all involved parties.

At Bowen & Kennedy, P.C., our family law attorney in Los Angeles will guide you through the process, explaining everything you need to know to be safe and adhere to the rules. The latter is significant if there are children involved and one of the spouses seeks child support and/or child custody.

What Constitutes Domestic Violence in California?

The definition of domestic violence varies depending on the context in which it is used, and when discussing the legal definition, it can vary by jurisdiction. Generally speaking, it is an abusive act committed by one household or family member against another. In some cases, abuse that is not physical can be considered domestic violence. Examples include financial abuse, emotional abuse, isolation, and stalking. Also, there are different circumstances where domestic violence may be charged, including:

  • When one roommate is abusive towards another roommate
  • When two people share a child but no longer live with one another
  • A couple no longer lives together due to divorce or separation

Child Custody in California

Child custody is one of the most contentious areas of divorce. It's highly emotional and can cause profound bitterness. Courts prefer both parents to partake in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on the child's best interest.

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Child Support in California

Both parents are required to provide financial support for their children. The court may order child support when a parent has primary custody and the economic circumstances require it. Most courts will use a child support calculator to help determine the amount.

Contact a Divorce Attorney in California Today

There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's lives for a while. Getting guidance from a family law attorney who will advocate for you and your family is essential. Contact us online or at 866-372-0569 to schedule a free 30-minute consultation.

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