Divorce is almost always a complex and emotionally challenging process. If you are contemplating filing for divorce, understanding how to file for divorce in Los Angeles County Court and the steps involved in the process can help alleviate some of the stress and uncertainty.
Eligibility for Divorce in Los Angeles County
To be eligible for divorce in Los Angeles County, you or your spouse must have resided in California for at least six months and have lived within the county for at least three months. Since California is a no-fault divorce state, neither of you is required to prove the wrongdoings of the other spouse and will only need to state irreconcilable differences.
Step-by-Step Process for Filing for Divorce
Navigating the divorce process in California is a complex undertaking filled with legal intricacies and procedural requirements. Understanding the general steps involved can help demystify the process and empower you.
Although each divorce is unique, there are common stages that most divorcing couples will encounter. The seven basic steps are:
Step 1: Prepare and File the Necessary Forms
The process typically begins with one spouse filing a Petition for Dissolution of Marriage, a legal document that formally initiates the proceedings. This petition is accompanied by a Declaration of Disclosure, which outlines the financial information and assets of both parties. A summons must then be served on the other spouse to inform them of the divorce action.
Step 2: Serve the Documents
The next step is to serve your spouse with the documents. There are two primary methods to fulfill this due process requirement. One option is for your spouse to voluntarily acknowledge receipt of the legal documents by signing an Acknowledgement of Service. Alternatively, if your spouse does not agree, formal service must be conducted, usually involving a third party delivering the documents to them.
Step 3: Failure to Respond or Default
If your spouse has either acknowledged receipt of the summons and petition or has been formally served with these documents and fails to respond within the designated time period, they are considered in default. In this case, you may apply to the court clerk to have a default judgment entered against your spouse.
Step 4: Financial Disclosure
California law prioritizes the equitable distribution of community property and the fair determination of child and spousal support. To facilitate this process, the California Family Code requires the exchange of specific financial disclosure documents in divorces. A Los Angeles divorce lawyer can assist you in preparing the financial disclosures to ensure accuracy.
Step 5: Discovery and Negotiations
The discovery phase of divorce involves the exchange of information between the parties to gather evidence and understand all the facts of the case. Through this process, you and your spouse may identify areas of agreement and disagreement. Based on this information, you can then negotiate a settlement agreement.
Step 6: Trial
If you and your spouse are unable to resolve the issues in your divorce through negotiation, the case may proceed to trial. During a trial, a judge will hear evidence presented by both parties and make decisions on all the relevant matters. The judge’s ruling will form the basis of the final divorce decree.
Step 7: Judgment of Dissolution
The court will issue a judgment of dissolution, legally ending the marriage.
Typical Issues to Resolve During the Divorce Process
While each divorce will have its own unique set of issues to resolve, some of the most common issues that couples typically need to address are:
- Financial matters, such as determining who gets what property, who is responsible for paying debts, and whether one spouse will pay alimony.
- Child-related issues, such as deciding who will have custody of the children, establishing visitation schedules, determining child support, and addressing relocation issues.
- Dividing retirement accounts, valuing and dividing business assets, understanding tax implications, and updating estate planning documents.
Why Should I Have a Lawyer During a Divorce?
There are several reasons you should have a divorce lawyer during a divorce. A divorce lawyer is familiar with the legal procedures and regulations associated with family law. They can:
- Offer guidance and advice throughout the process
- Ensure your rights are protected
- Help you understand your legal options
- Ensure you make informed decisions
- Help you reach fair settlements without the need for lengthy and costly court proceedings
- Represent you in court
- Provide support and reassurance during the emotional divorce process
- Help you avoid common mistakes that could negatively impact your financial future or your relationship with your children
While it is not a legal requirement to have a lawyer during a divorce, having a knowledgeable attorney by your side can provide you with peace of mind and the ability to achieve a favorable outcome and move forward with your life.
FAQs
Q: Can I File for Divorce Online in Los Angeles County?
A: Yes, you can file for divorce online in Los Angeles County using the Superior Court’s eFiling system. You will need to create an account and complete the necessary forms. After uploading your documents and paying any required fees, serve your spouse with the papers and file a Proof of Service. A lawyer may be able to assist you with this.
Q: What Are the Grounds for Divorce in California?
A: In California, the grounds for divorce are primarily based on no-fault criteria. This means that getting a divorce does not require either spouse to provide proof of fault. The most common ground is irreconcilable differences, indicating that the marriage has broken down to the point where reconciliation is not possible.
Q: Do I Need a Lawyer to Get a Divorce?
A: While you are not required to have a lawyer during a divorce, it is beneficial, as divorces usually include complex issues like child custody, property division, and spousal support. A lawyer can provide guidance on legal rights, help you navigate the court system, ensure all paperwork is completed correctly and on time, and represent you in court.
Q: How Long Does It Take to Get a Divorce in Los Angeles County?
A: The amount of time it takes to finalize a divorce can vary widely depending on how complex the divorce is. The minimum waiting period in California is six months from the date the divorce papers are served to your spouse. Also, court schedules and the length of time taken to respond to documents can impact the timeline.
Contact The Dorie A. Rogers, APC, Your Los Angeles County Divorce Lawyer
Every divorce journey is unique, and not all couples will follow the same steps. It is essential to thoughtfully navigate this process and consider how to positively move your family forward. We understand this is a challenging time, and we encourage you to reach out to our experienced legal team for support.
