You deserve the top legal representation and divorce firm of Charles M. Green, APLC. Led by the highly skilled courtroom lawyer and Certified California Family Law Specialist, Charles M. Green. Our firm brings a rare blend of talented legal expertise and deep financial insight to your family law issue. With over 26 years of dedicated legal experience with California divorce cases and a unique background as a CPA, Charles M. Green stands out as a family law attorney of exceptional caliber.
Our team at Charles M. Green, APLC, brings together a seamless blend of keen financial insight and formidable legal expertise, uniquely equipping us to guide you through the complexities of divorce and other areas of family law. We are dedicated to helping clients in Los Angeles County who are ready to move forward in life with the strongest footing possible. Our organized method and efficient communication ensure that every aspect of your case is handled with precision, paving the way for a future built on solid ground. Make us the best of your legal options for a Los Angeles divorce lawyer.
Unparalleled experience in and outside the courtroom.
Financial expertise as a Former CPA to ensure all you and your family’s assets are protected.
Bringing keen financial insight and formidable legal expertise to your case.
Founder, Principal Attorney
Experienced Associate Attorney
Paralegal
Under California Family Code § 2300, outlines the legal framework for the dissolution of marriage, allowing married individuals to return to a single status. This section of the law sets the foundation for the divorce process in California, marking the official end of a marriage and thereby altering the legal rights and responsibilities of the individuals involved. It provides the legal basis for couples who want to dissolve their marriage, providing a transition back to single/ unmarried status under the state’s legal system.
The repercussions of divorce on property entitlements have become a staple for tabloids in numerous high-profile celebrity divorces. Furthermore, its influence on parental and visitation rights has been highlighted amidst acrimonious custody disputes, leading to the perception of divorce as an inherently distressing ordeal within family law. At Charles M. Green, APLC, we understand the emotional complexities of divorce. The attorneys at our law firm apply strategic yet compassionate advocacy administering legal help. We aim to give legal options that shield our clients and their loved ones from potential trauma and ensure a transition that is as favorable and harmonious as possible.
To initiate a divorce in California, at least one spouse must have been a resident of the state for a minimum of six months and of the county where the divorce is filed for three months preceding the filing.
However, the residency prerequisites differ for legal separations domestic partnerships and other types of relationships:
Legal Separation: There is no waiting period for filing a legal separation in California. If one spouse resides in California, they may file immediately. Should the need arise, the petition for legal separation can be amended to a divorce petition once the residency requirements for divorce are met.
Same-Sex Couples: Same-sex couples who married in California but currently reside in a jurisdiction that does not recognize or grant divorces for same-sex couples can still file for divorce in the California county where they were married. While the court can dissolve the marriage, its authority to rule on related matters like property division, spousal support, or child custody may be limited. It is advisable to consult with a legal professional for detailed advice.
Domestic Partnership: For a domestic partnership registered in California, the residency requirement for divorce does not apply. The court can terminate the partnership but might be limited in its ability to make decisions regarding property, support, or children if neither partner meets the residency criteria. On the other hand, if the partnership is not registered in California, the standard residency requirement for divorce applies.
Understanding these nuances is crucial, the attorneys at the firm of Charles M. Green, APLC navigate these legal waters and represent our clients with unique skill and personal attention. Whether a contested or uncontested divorce, our approach is designed to protect your interests and minimize the emotional and legal strain of the process, ensuring that your rights are upheld and your voice heard.
In the state of California, the law embraces a “No Fault” approach to divorce, signifying that the spouse seeking a divorce isn’t required to prove any wrongdoing by their partner. Typically, divorces are filed on the grounds of “irreconcilable differences,” a term that simply implies the spouses can no longer coexist in harmony.
The law in California maintains a neutral stance on marital misconduct such as infidelity. Engaging in an affair won’t subject one parent a spouse to penalties in terms of asset division or the obligation to provide increased financial support during the divorce proceedings.
Within the divorce process, the spouse initiating the action is designated as the “Petitioner,” while the other spouse is referred to as the “Respondent.” While there is no inherent legal benefit to being the first to file for divorce, certain situations may present a strategic advantage in taking this initial step. It’s essential to consult with a knowledgeable attorney to understand the potential implications of filing first in a divorce case. The attorneys at Charles M. Green, APLC law firm can provide expert guidance to ensure that any actions you take are strategically sound and aligned with your best interests.
An uncontested divorce settlement is the most straightforward and amicable option. Both spouses agree on all key issues such as, but not limited to, property division, child custody, alimony, and child support, without the need for court intervention.
As an option, uncontested divorce is suitable when both parties are willing to cooperate, communicate openly, and reach a mutual agreement on all divorce-related matters.
In a contested divorce, spouses cannot agree on one or more aspects of their divorce, such as property division, child custody, or support. These disputes often require court intervention and legal proceedings.
When spouses are unable to reach a consensus on crucial issues, a contested divorce is necessary. It typically involves negotiation, mediation, or litigation to resolve disagreements.
Description: A default divorce occurs when one spouse files for divorce, and the other party does not respond within the specified time frame. The court may proceed with the divorce based on the filing spouse’s terms.
Default divorce is an option when one party is unresponsive or uncooperative but can also result from genuine unawareness of the divorce proceedings.
Summary dissolution is a simplified divorce process available to couples with very few assets, no children, and a short marriage. It streamlines the divorce process and involves fewer paperwork requirements.
Couples seeking a summary dissolution must meet specific criteria, including a marriage duration of five years or less, limited joint assets and debts, and no children from the marriage.
Common for Business owners, High-asset divorce cases involve intricate financial considerations and require specialized legal representation to adequately protect financial interests. These cases often include the division of businesses, professional practices, real estate portfolios, stock options, and other significant investments, which demand a sophisticated understanding of both legal and financial strategies. Charles M. Green also has a unique distinction amongst attorneys, he is a former accomplished CPA for prominent New York and Los Angeles accounting firms.
LGBTQ divorces, while legally akin to heterosexual separations, often involve distinct considerations like marriage recognition, child custody, and pre-marriage asset division. A knowledgeable attorney in LGBTQ family law is essential to address these specific needs, ensuring equitable treatment and protection of rights for all involved.
Legal separation allows spouses to live separately and formalize their separation agreement legally. It addresses issues like spousal, child support, and property division without ending the marriage.
Legal separation is an option when couples want to remain married for personal, religious, or insurance reasons but no longer wish to live together.
Choosing the right type of divorce in California depends on your unique circumstances and willingness to cooperate with your spouse. Call us today to get your case evaluation and ensure that your divorce and family process aligns with your specific needs and goals.
Navigating Property and Marriage Concerns with a Skilled Divorce Attorney in Los Angeles
The division of property during a divorce is a complex and often contentious issue in California, where community property laws mandate an equal split of marital assets and debts. This includes everything earned or acquired during the marriage and any debts incurred together.
The date of separation is an important line, marking the boundary between what is considered community property and what is deemed separate, affecting how assets and debts accumulated afterward are classified. To navigate these complexities, especially in high-stake divorces, the expertise of appraisers, forensic accountants family law attorneys, and business valuators is frequently required to ensure an accurate valuation of the marital estate.