Divorce Attorneys Long Beach, California
At the Law Offices of Kyle R. Puro, our skilled Long Beach divorce attorney knows that the stakes and emotions involved in dissolving a marriage in California are the highest and often most stressful in our clients’ lives.
It is a transition in life that requires a strategic plan that includes close attention to detail and calculated decision-making by both the individual who is getting divorced, and his or her family law attorney in Los Angeles and Orange Counties. Having a compassionate advocate, and the straightforward legal advice you need make informed decisions is essential to the outcome.
Kyle R. Puro understands the dynamics and stresses that divorce can put on a family and strives to provide quality legal representation that helps remove the anxiety from the divorce proceedings and allows you to move forward with your new life with confidence.
Divorce is a process, and it is important that each of our clients understand the timeline, legal statutes, and overall rights before embarking on this important family law journey. Understanding the complete California divorce process can help you make informed decisions about your future, so you can take control of your new life.
Contact our dedicated Long Beach divorce attorney to schedule a free consultation today, so you can determine the critical issues in your case and start building a strategic approach to developing both real-time and long-term results for each important factor without delay.
What Family Law Matters Will Be Determined During My California Divorce?
At the Law Offices of Kyle R. Puro, it is important for our Long Beach divorce attorney to explain to each of our clients that their proceedings are unique. No two marriages are alike, and their divorce cases should not be either.
While that is true, and each divorcing couple will have specialized legal representation needs, some of the common factors that will be determined during the divorce proceedings include, but are not limited to:
- Property Distribution, including Assets and Debts
- Child Custody
- Child Support
- Spousal Support
- Domestic Violence, including any Necessary Restraining Orders – When Applicable
If your divorce involves high conflict, extensive assets, or other challenging circumstances that you know will lead to litigation, our skilled divorce attorneys in Long Beach want to help you begin dissecting these crucial details, so we can pursue the best outcome for your unique case. Contact us today to learn how our aggressive approach to producing results has made a difference in our clients’ lives.
What are the Residency Requirements for Getting Divorced in California?
To file for divorce in California, at least one spouse must have lived in the state for the past six months and in their current California county for the past three months.
If you were not already a California resident – based on the divorce requirements — you may still file for a legal separation as soon as one of you moves to the state.
Is California a No-Fault Divorce State?
California is a no-fault divorce state, which means neither spouse must prove the other’s misconduct led to the marriage’s dissolution. Most divorcing couples in California will simply declare that they have “irreconcilable differences” to move forward with the divorce process.
Does California Require Couples to Legally Separate Before They Can Get Divorced?
No. California does not require spouses to live separately for a certain amount of time before they qualify for a divorce. Although separation is not required, couples may choose to get a legal separation in California, either instead of dissolution or while they are deciding whether to get divorced.
What is the California Divorce Process and How Can I Get Started?
When the summary of dissolution is pursued, one party files for divorce, the other party responds, and temporary orders may be issued until the time that a final judgment is issued from a trial or agreement.
From the time that divorce is filed until a final judgment is entered you can expect to deal with issues like discovery, motion hearings called Request for Orders (RFO), settlement conferences, and valuation issues with experts. Getting to the finish of your divorce depends on the facts and legal issues.
The first step in a divorce is to file documents with the court requesting a divorce. The second step after properly filing for divorce is to put your spouse on notice with the court papers requesting the divorce. This requires someone over 18 years old, not a party to the action, to personally serve your spouse with the appropriately filed court documents.
You cannot serve court documents directly to your spouse. Once properly served, a proof of service will need to be filed with the court to indicate that your spouse was put on notice of the divorce case.
Married couples stand in the position of fiduciaries. Just like board of director members owe a duty to the corporation’s shareholders regarding company finances you owe a duty to your spouse regarding marital finances. Meaning you must disclose your assets, debts, and income. You must put them on full notice of your financial situation. Failure to disclose assets or income may result in your complete forfeiture of that asset. Making sure that your financial disclosures are correct is very important.
Once you have filed for divorce, properly served your spouse, and disclosed all your income and expenses, and schedule of assets and debts, only three ways exist to finalize your divorce. The first is by default. This occurs when your spouse does not respond to your petition or file any paperwork with the court in a timely manner. By filing a default judgment, you can avoid court and all the litigation associated with it. This is the cheapest and easiest way to get divorced, but it requires a level of cooperation from your spouse.
If your spouse responds to the divorce case, then only two ways exist to finalize your divorce. The first is to go to trial and have a judge distribute your assets, debts, and property, and make orders for child custody, child support, and spousal support. Going to trial is an expensive and stressful process.
The last way to finalize your divorce is to come to a stipulated judgment. This means coming to an agreement about all issues in your case and writing them up in a judgment and submitting that to the court. The California Family Courts heavily prefer settlement of cases. However, you must balance your legal rights, the costs of the litigation, and the likelihood of success to determine if the settlement is ultimately right for you.
Can California Spouses Establish Temporary Orders Before the Divorce is Finalized?
During the time that a divorce case is filed until a final judgment is entered, a party may make requests for temporary orders. These orders may include child custody, support, or control over certain assets. To obtain temporary orders before your divorce is finalized, it requires filing a motion called a Request for Order (RFO). Your RFO must put the other side on notice of the issues you are requesting be temporarily resolved and give them the opportunity to properly respond in writing. Filing an RFO is a decision best made after consultation with a lawyer.
Kyle R. Puro understands the tough decisions our divorcing clients must make and strives to help them understand each of their legal rights and options to pursue the best outcome for their unique cases.
Is Divorce Mediation Required in California?
Under California law, a judge will order couples to mediate child custody issues if they cannot make these important decisions about a parenting plan on their own, or through their attorneys. The California Family Courts will not hear your custody case until they have gone through the mediation process. Parents do not have to resolve their issues during mediation, but they must try first.
How Long Does It Take to Get Divorced in California?
Once the divorce process begins, and the other party has been served with papers, there is a minimum six-month waiting period before your divorce will be final. However, the total amount of time your divorce proceedings will take depends on your unique circumstances. If both parties can agree to property division, child custody, child support, and other important factors in private, they may have to attend mediation sessions to attempt to finalize child support details (when applicable). If couples cannot make these decisions on their own or through their attorneys, they will have to litigate their case inside the courtroom. Going to trial will add a significant amount of time to the proceedings, which could extend your divorce for over a year or, in some cases, much longer.
To pursue the best outcome in the shortest amount of time, talk to our skilled Long Beach divorce attorney to discuss which details are the most important to you, so we can protect those factors by aligning your expectations with the legal thresholds that apply to your case.
At The Law Offices of Kyle R. Puro, our family law attorney in Long Beach, CA focuses on the following practice areas:
- Attorney Fees
- Child Abduction
- Child Custody
- Child Protective Services
- Child Support
- Common Law Marriage
- Defacto Parents
- Domestic Violence
- Father’s Rights
- Foster Care
- Prenuptial Agreement
- Retirement Distribution
- Same-Sex Couples and Paternity
- Spousal Support
Skilled Long Beach Divorce Attorney Representing all California Residents
No two divorcing clients have the same legal representation requirements. That means you should partner with a Long Beach divorce lawyer who understands your unique personal and legal circumstances, so you can pursue the best outcome for your case.
The personal toll divorce takes on your life should not be compounded by having to face your legal circumstances on your own. Contact the Law Offices of Kyle R. Puro at 562-653-4583 or online today to discuss your case during a free consultation, so we can start outlining your meaningful case to pursue positive results.
Frequently Asked Questions for Our Divorce Attorneys in Long Beach, California
Can Both Spouses Agree to an Out-Of-Court Settlement During a California Divorce?
Yes. Both spouses may agree to their divorce details at any point during the process, either in private, or through their divorce attorneys. If all the divorce details can be determined before trial, you may not have to go to court at all. A judge will review the agreement, approve it — unless there are extenuating circumstances that lead him or her to object to the agreement — and make it part of the dissolution judgment.
What is the Difference Between Separate and Community Property During a California Divorce?
California is a community property state, which means that a couple’s property will almost always be divided equally during their divorce proceedings. However, separate property is the property that each person brought to the marriage before they tied the knot. Separate property leaves the marriage with the same person who brought it into the relationship. Other separate property may include inheritances or gifts that were given by friends or family members, and those too will remain with the one spouse who owns them.
Will I Have to Pay My Spouse’s Debts If We Get Divorced in California?
It depends. Technically, debts incurred during the marriage — even if only by one spouse — are considered part community property, which means they will be split equally between the divorcing spouses. However, if the debt was incurred out of spite or with fraudulent intent, the court may order the person who incurred the debt liable for its payment.
Am I Going to Receive Alimony After a California Divorce?
Spousal support, also called alimony, is not guaranteed during a California divorce. It is usually appropriate when divorce leads to a disparate economic impact on both parties. In short, if one is going to leave the marriage with a lot more than the other, or if one party is going to be forced back into work after spending years at home with the children, alimony may be ordered temporarily, for rehabilitative purposes, or the long term.
How is a Summary Dissolution Different Than a Divorce in California?
A summary dissolution is still a divorce, it is just a more simplified process.
To qualify for a summary dissolution in California, the divorcing couple must meet the following criteria:
- Be married for less than five years.
- Have no children born or adopted together.
- Must not own any property.
- Must not rent any land or buildings other than the current place of residence.
- Have less than $47,000 of property acquired while married, excluding cars, and own less than $47,000 separate property each.
- Have less than $6,000 in debts accrued since marriage, minus any car loans.
- Agree that neither spouse will get spousal support.