Divorce is rarely an easy process. Sensitive personal and financial matters are brought to the surface and major negotiations must be made regarding the structure of your family moving forward. To reduce the burden of this time-consuming and difficult process, many California families seek guidance from experienced and dedicated Los Angeles divorce attorneys. Diaz Law Firm has the confidence and ability to guide you and your family through this process efficiently and peacefully. To learn more about how we can help, consider contacting us at (626) 261-0402 today to speak with an experienced Los Angeles divorce attorney.
What Types of Cases Does DLF Handle?
Diaz Law Firm has the ability to handle even the most intricate divorce cases. Given the firm’s breadth of experience, our Los Angeles divorce attorney is equipped to handle even some of the most complex divorce cases. The following are the types of divorce and separation cases that we primarily handle at Diaz Law Firm.
Dissolution of Marriage
The most common type of divorce proceeding is the formal dissolution of marriage. California sets forth a set of laws that govern how divorce proceedings (legally called dissolution of marriage) are handled. According to Family Code Section 2310, either spouse can seek the dissolution of marriage based on either of the following criteria:
- Irreconcilable differences. In some states, it is necessary to prove wrongdoing to obtain a divorce. California, however, is a no-fault state, meaning either spouse can seek divorce at any point in the marriage without wrongdoing as a cause. The vast majority of marriages are dissolved due to irreconcilable differences which have caused the breakdown of the marital union. Here, either spouse can file for divorce unilaterally – meaning the other spouse cannot object to the dissolution of marriage.
- Permanent legal incapacity. A marriage may also be dissolved if it can be proven that one spouse lacks the legal capacity to make decisions. This can be proven through medical or psychiatric testimony, for instance. It should be noted that pursuing divorce due to permanent legal incapacity does not relieve the other spouse of support obligations. The capable spouse may still be required to provide spousal support to their former partner.
Successfully dissolving a marriage in California can be hard. A court case must be initiated, and a range of personal and financial documentation must be compiled and filed with the court. During this process, property, assets, and debts must be divided and the care of any children of the marriage must be arranged and agreed upon. The negotiations that occur during the dissolution of marriage are high-stakes and life-altering, leading many families to seek assistance from knowledgeable and experienced Los Angeles divorce attorneys.
For couples who believe that they can reach agreements regarding their divorce in a cooperative manner, a collaborative divorce process may be ideal. This is a legal process wherein spouses can negotiate the terms of their divorce without extensive court involvement. Collaborative divorce provides couples with greater control of the timing and costs of their divorce and allows for key conversations to occur in a peaceful manner. Since collaborative divorce is a legal proceeding, many individuals seek legal guidance to work out formal agreements and settle the divorce fully and completely.
Different from divorce, legal separation is available for California couples who wish to remain legally married but live apart and lead separate lives. The legal separation process can be similarly complicated, however, as assets and property must still be divided and the care of children must still be determined. For couples who do not meet the residency requirements to file for divorce in California or who object to divorce on personal or religious grounds, a legal separation may be an ideal option.
Mediation is another option for couples who wish to resolve their divorce peacefully while reducing the cost and stress associated with the traditional dissolution of marriage process. In this option, an impartial mediator will work with the couple to divide assets, negotiate child support and custody agreements, and compromise on key issues in their divorce.
About Diaz Law Firm
Founded in 2008 by Cheryl Deptowicz-Diaz, DLF offers compassionate advocacy and representation to individuals and families navigating divorce and other family law matters. Having won numerous awards and recognition, Diaz Law Firm provides effective, tailored legal solutions to help clients reach resolution, closure, and peace.
What sets Diaz Law Firm apart from other Los Angeles divorce attorneys is its commitment to excellence and service to the community. We do not blur ethical boundaries or cut corners when handling cases. Rather, we strive to handle all family matters with the utmost respect, transparency, and diligence.
Frequently Asked Questions About Los Angeles Divorce
As experienced divorce attorneys, we have provided guidance to hundreds of Los Angeles families as they navigate divorce. Some of the most frequently asked questions that we have received over the years include the following.
How Do I File for Divorce in California?
To file for divorce, you must first ensure that you meet the residency requirements in the state of California. You or your spouse must be a resident of California for at least six months and a resident of the county where the divorce is being filed for at least three months.
Filing the Petition for Dissolution of Marriage will formally initiate the divorce process. This form will include details regarding your marriage and the number of children that you and your spouse have together. It is important to note that while there is no advantage or preference given to the spouse who files for divorce first and divorce is able to proceed without the cooperation of the other spouse, the party who initiates the case has greater control in setting the tone of the case.
How Long Will a Divorce Take in California?
The time frame of a divorce will depend on a variety of factors, including the complexity of the case and the presence of any disputes. Divorce can be divided into four parts, namely:
- Filing for divorce
- Sharing of financial information
- Determination of key decisions
- Finalizing the divorce
There is a six-month-long waiting period that all couples are subject to in California. This period is designed to allow both spouses to resolve conflict and, if possible, reconcile as a couple. For this reason, all divorces in California will take at least six months to complete, even if both parties cooperate during negotiations and agree to all terms of the agreement.
Contact a Compassionate and Dedicated Los Angeles Divorce Attorney Near You
Between sensitive personal matters, complicated financial affairs, and critical negotiations, navigating the divorce process can quickly become overwhelming. You do not need to endure the burden of this process alone, however. At Diaz Law Firm, our experienced and compassionate Los Angeles divorce attorney tailors a legal strategy to suit your needs and works diligently to uphold your interests at every step of the process. To speak with an attorney about your divorce, consider contacting DLF at (626) 261-0402 or scheduling a consultation with us today.