In divorce cases in Los Angeles, child support is typically required to be paid by the higher-earning income parent to the custodial parent. The amount is calculated using a complex equation that a family law attorney can explain. Our law firm has extensive experience calculating appropriate child support in high income divorces, as well. This is to ensure children maintain a similar lifestyle to the one before the divorce.
Spousal support is often referred to as alimony. Spousal support is payments made to the lower-earning spouse by the higher-earning spouse after divorce to assist in maintaining the quality of life and comfort of living they had become accustomed to during the marriage. Unlike child support, spousal support is negotiable, and a qualified Los Angeles divorce attorney can assist in spousal support requests, agreements, and/or negotiations amid divorce proceedings.
Modification of Court Orders
Circumstances change for many families following divorce. When a family’s situation changes, it is often necessary to update court orders and make a request to the court to change them. Changes to job, income, marital status, or location may affect child support payments, spousal support payments, parenting plans, visitation, or even custody arrangements.
It is always wise to have a family attorney represent you when requesting changes or when changes have been requested by the other parent in order to protect your rights as a parent and safeguard the interests of your child.
Enforcement of Orders
When an individual is court-ordered to take action, such as making child support or spousal support payments or allowing parental visitation according to a parenting plan set forth in a court order, it is required by law that they uphold these orders. When they do not, it is up to the other parent to hold them accountable under a court of law. An experienced Los Angeles divorce lawyer who focuses on family law and children is a great resource to utilize when someone is not following court orders.
Marital Contracts (Prenuptial and Postnuptial Agreements)
A knowledgeable divorce lawyer can draw up premarital and postnuptial agreements for couples who are either already married or planning to get married in the near future. These contracts are legally binding in the event that the marriage ends in divorce. They can address asset division, spousal support limitations, or the division of property accrued during the marriage.
Couples get marital contracts for a number of reasons, including when one spouse has significantly more assets than the other, when one spouse has been particularly wronged by a former spouse and would like to protect their assets the second time around, when one spouse has children, or for many other reasons. Addressing certain financial matters before entering marriage can protect the couple from a complicated and expensive divorce later.
Anyone who is planning to enter into a marital contract before getting married or a postnuptial contract if they are already married should understand that these documents must be seamless in their creation to ensure their validity and ability to hold up in court down the road. For this reason, it is very important that a family attorney helps to draft such documents.
Who Pays for the Legal Fees in a Divorce?
In most cases, each party is responsible for paying for their own legal fees associated with divorce. This makes sense because the same attorney cannot represent both spouses. Consequently, both parties must hire their own legal counsel if they wish to have professional legal representation throughout their case.
The two lawyers may work together to facilitate negotiations between their clients, but they must only honor the case of their sole client in legal matters and advise only their client to act in their interest.
Some individuals may not have the income to pay for the same level of legal services, which the state of California finds unfair. The judge presiding over the case may consider legal fees when making decisions regarding property division on behalf of both parties. Alternatively, negotiations between parties may accommodate legal fees, or they might be used as a financial trade-off in settling marital disputes.
Having adequate legal representation can make all the difference, in not only optimizing the outcome but also making the whole process less taxing on everyone involved. It’s important that both sides of a divorcing couple have adequate access to legal representation. If your spouse makes more money than you, the court may even order your spouse to cover your legal fees.
Find out more about our Los Angeles divorce lawyer fees and your legal options by speaking to a member of our legal team at The Law Offices of Dorie A. Rogers, APC. We can discuss legal fees before we start representing you during your initial consultation.
FAQs for Los Angeles Divorce Attorneys
Q: How Much Does a Divorce Lawyer Cost in Los Angeles?
A: Divorce lawyers in California charge varying rates depending on their experience, the area they practice in, and the complexity of the case they are working on. For example, an uncontested divorce would cost less than a contested divorce. The average rates for most legal services provided by California divorce lawyers range from $150 to $450 per hour.
Q: What Is a Wife Entitled to in a Divorce in California?
A: In California, both spouses in a marriage are entitled to half of the marital assets in a divorce. However, in circumstances in which the wife will take custody of the children, California law entitles her to up to 40% of her husband’s income for child support, spousal support, and other divorce settlement terms.
Q: Who Pays Attorney Fees in Divorce in California?
A: California family law deems that both parties in a divorce have the right to equal access to legal representation in divorce proceedings. Consequently, if one party cannot afford the attorney, the court may order the higher-earning spouse to pay the attorney fees for both sides, whether it be the husband or wife.
Q: How Much Does It Cost to Get a Divorce if Both Parties Agree in California?
A: When both parties agree on the terms of divorce, they may opt for an uncontested divorce to save time and money on their divorce. The average cost of an uncontested divorce in California is around $1,500. A contested divorce, on the other hand, can cost as much as $25,000 or more, depending on the circumstances of the situation.
If you are considering filing for divorce in Los Angeles, or if your spouse has filed for divorce and served you with divorce papers, it is time to hire a Los Angeles divorce lawyer of your own. Having the right attorney by your side is essential to a favorable outcome in your case and crucial for coming through your divorce in a positive way. The Law Offices of Dorie A. Rogers, APC is a highly- esteemed family law firm dedicated to helping families find solutions to their legal issues.
The key to a divorce is dispute resolution with minimal conflict and progressive communication. When this is entirely out of the question, it is okay to have a judge work out disputes for you. Either way, you need a confident and well-versed divorce attorney to guide you through the court processes and advise you in making decisions and compromises to better your situation amid divorce and thereafter.
Your Los Angeles Divorce Attorney
Contact The Law Offices of Dorie A. Rogers, APC, and speak with a member of our legal team to learn more about how our firm can optimize the outcome of your divorce case. Schedule a consultation, and we can review the details of your case together.