Divorce Attorney in Los Angeles, CA
According to statistics from the American Psychological Association, roughly 40 to 50 percent of marriages today end in divorce. However, that figure only references first-time marriages – subsequent marriages boast a significantly higher divorce rate.
When a couple makes the decision to enter the divorce process, there are a number of factors that must be considered. This includes child support, property division and spousal support, some of which can grow increasingly complex, even as standalone issues.
Because family laws, specifically those related to divorce, vary on a state-by-state basis, it is important to understand the laws in your state, and how they may affect your family’s future.
What Are the Grounds for Filing for Divorce in California?
Unlike some states, residents in California can file for divorce on minimal grounds, such as simple irreconcilable differences. Basically, this means that there was an irremediable breakdown in the relationship, and there is nothing that either spouse can do to fix it. This is an incredibly common action in divorce cases, especially those handled at Whitmarsh Family Law, PC.
Additionally, California, like most other states, is a no-fault jurisdiction, which essentially means that courts will not focus on why, or how, the marriage broke down over time.
On the other hand, the grounds for nullifying a marriage in California are very limited. In order for a marriage annulment, the individual seeking nullity must prove very specific grounds, such as in cases of bigamy, force, or fraud. If an annulment is granted, then, according to the law, the marriage never happened – the parties have always been single people.
What Is the Difference Between Legal Separation and Divorce?
There are cases where a couple opts not for a divorce or annulment, but for a legal separation. A couple can be legally separated and never file for divorce. The only true distinction is that divorce legally ends the marriage.
In cases where a couple makes the decision to legally separate, but not seek a divorce, it is still possible to address all the key issues that would be addressed during the divorce process, including child custody and support, as well as spousal support and property division.
The only thing a legal separation cannot accomplish is the full dissolution of marriage.
I’m Scheduling an Initial Consultation – What Do I Bring?
If you or someone you know is dealing with a divorce, it is important to enlist the appropriate legal guidance. Only a Los Angeles divorce attorney qualified in family law can evaluate your case and determine the best course of action, depending on your situation. The first step is scheduling an initial consultation.
The most important goal in an initial consultation is to get a comprehensive understanding of you and your case. After all, the decision to divorce is a significant one, and it carries long-term consequences for you and your family.
As a result, it’s important to bring anything relevant to your current situation into a preliminary consultation. Typically, we recommend that our clients collect anything and everything related to their case, and let us determine what is important. No two divorce scenarios are the same, and preparation, regardless of the situation, is essential.
At Whitmarsh Family Law, PC, our family law attorney in Los Angeles, CA focuses on the following practice areas:
- Child Custody
- Child Support
- Spousal Support
- Domestic Violence
- Prenuptial Agreements
- Same Sex Prenuptial Agreement
Family Law Attorneys in Los Angeles
For those residing in and around Southern California, including the City of Los Angeles, the family law attorneys at Whitmarsh Family Law, PC can provide the sound legal counsel necessary when dealing with the dissolution of marriage. Our firm specializes exclusively in family law matters, and our team of highly skilled attorneys has the experience necessary to guide your case through to the best possible end result.
We know that dealing with any divorce is never easy. Let our team of dedicated family law specialists assist you in protecting your future interests as you navigate this difficult time. To schedule an initial consultation to assess your divorce case, contact Whitmarsh Family Law, PC at (310) 552-3505.
Tax Information and Financial Resources for Divorcing Couples
- Internal Revenue Service, Spousal Resources
- https://www.irs.gov/pub/irs-pdf/p971.pdf – Discover the actual tax liabilities for spouses after separation, and terms of equitable relief that are available for innocent spouses
- Property and Debt in a Divorce or Legal Separation
- http://www.courts.ca.gov/1039.htm – Understand property possession, including more than houses and cars, but bank accounts, stocks, and pension plans, and how their ownership is established upon legal separation or divorce
- Spousal/Partner Support: California Courts
- http://www.courts.ca.gov/1038.htm – Learn whether you are eligible for spousal/partner support after a separation or divorce, and understand how it is calculated based on your personal circumstances
- Financial and Legal Rights within a Marriage: State of California
- https://oag.ca.gov/publications/womansrights/ch6#1d – Tips for avoiding legal and financial pitfalls during a marriage to create a smoother transition into separation or divorce
- Enforceable Agreements: Prenuptial
- https://oag.ca.gov/publications/womansrights/ch6#1c – Learn how an existing prenuptial agreement becomes enforceable upon separation or divorce proceedings