Divorce Law is one of the most complex and difficult areas of law practice. Whatever your reason for Divorce is, you should not hesitate to consult a Certified Family Law Specialist (CFLS) practicing in the Los Angeles County Superior Court System who can help you resolve the case as favorably and efficiently as possible.
Charles M. Green is one of the most successful Los Angeles divorce (dissolution) attorneys in California who is now going on 22 years of divorce and family law expertise. He is highly effective and capable of representing you in the Los Angeles Superior Court system and ensuring the best outcome for all aspects of a California Divorce. As a Certified California Family Law Specialist (CFLS), he has established his divorce credentials through extensive litigation experience, rigorous independent testing, continuing legal education and peer reviews.
In order to file for a Divorce in Los Angeles, CA, a couple must have lived in the state California for at least six months. In addition, the couple must have resided in the county they wish to file for divorce in for at least three months. Furthermore, California has a six month waiting period before the courts will grant a divorce. Once the divorce respondent (the one who is served) is served with the Summons and Petition, the marital status cannot be terminated until six months have passed since the service was effected.
In some states a couple will only be granted a divorce if they can prove they have acceptable grounds to divorce. This is not true in our state. California is a “no fault” state, meaning you do not need to prove that one or both spouses did something wrong in order to be granted a divorce.
The fact that one or both people in the marriage want a divorce is reason enough for judges in California. A couple can simply state that they have “irreconcilable differences.” Furthermore, because California is a “no fault” state, a couple will still be granted a divorce even if one spouse does not wish to divorce.
Divorce is a complicated, complex, and emotionally difficult process for the entire family, and all of your rights must be acknowledged and protected during the divorce process. This is why it is important to have an experienced divorce attorney that will safely guide you through this detailed legal process.
A typical dissolution of marriage requires the following steps:
At our family law offices we understand that divorce can be a challenging situation. Not only can the divorce process be emotionally draining, there is also the stressful insecurity of how to initiate the divorce process. In this article we provide tips for how to initiate and navigate a California divorce.
The divorce or Dissolution of Marriage can be very taxing, emotionally, mentally, as well as physically. It is imperative to stay grounded in all these aspects of your being. I advise my clients to stay active in, or re-embrace their participation with their spiritual or self help communities. This can include a meditation class, yoga, church/synagogue, running, and reading, etc..
Next you will want to ensure you have all basic documents relating to your financial status, transactions, and patterns. The purpose for this is to document each spouse’s financial scenario, from employment, to assets, and monthly expenses. Additional documents, like pay stubs, tax returns, and the like may be needed depending on the advice of your divorce attorney (should you decide to get one.) gathering all your financial documents helps everyone understand more about how time, money, or other assets may possibly be divided.
If you and your spouse agree to terms of the divorce, have been married less than 5 years, and do not have a child, you may file for a summary dissolution. This is the quickest method of obtaining a divorce in California.
If your spouse agrees to all divorce terms but your divorce case does not fit the criteria for a summary dissolution of marriage, you may file for Dissolution of Marriage and proceed as an uncontested divorce case.
If you and your spouse do not agree to some of the terms you can, after filing for a dissolution of marriage case, proceed as an at issue contested divorce case. If proceeding with an at issue dissolution of marriage case you will likely be heading to trial and it is highly advised to hire an attorney who is a Certified California Family Law Specialist.
Usually, you need to file for divorce in the county in which you reside; however, you must be in conformity with California residency rules. The rules state that you must have lived in California for the previous six months and the county in which you filed – like Los Angeles County for the last three months.
If you and your spouse have already separated and currently live in different jurisdictions, such as Los Angeles and Ventura county, you can file in either one of the two counties.
If you don’t meet the California residency criteria for a divorce/dissolution of marriage, you may still file for a legal separation. Again it is always recommended to have a skilled experienced divorce lawyer represent you in your Los Angeles Divorce case.
To complete the divorce process you and your need to be in agreement regarding the conditions of your divorce case. This may include agreements about child custody, divisions of property, splitting assets, pets, alimony, or child support expectations. When a divorcing couple cannot come to terms on any of these issues, this what is known as a contested divorce.
Having a contested divorce does not necessarily mean you will need to attend Los Angeles County court to settle your case. As discussed in our “Rules of Divorce,” it is best to work toward a fair and healthy agreement and not flame any animosity that may possibly be present– this could cost both of you in the long run. All attorneys at our divorce firm are skilled in divorce negotiations and understand what it takes to navigate challenging dynamics during a divorce and nurture and amicable environment for the best possible outcome.
More money, more problems, or so the saying goes. A California divorce is challenging enough, you don’t want to worry about gambling with your hard earned assets. For spouses with complex financial situations, the divorce process can be more difficult. Even in rare cordial California divorces some assets will be difficult to divide. Closely held businesses, professional practices, retirement and insurance plans, assets held in various types of trusts, numerous accounts and assets in different states, and other such complicated asset scenarios should not be left to the average divorce attorney.
Hiring a lawyer like Charles M. Green, who is also a former accomplished Certified Public Accountant can give you the extra boost of confidence of knowing you are being represented by a certified California divorce specialist with financial expertise and proven ability to handle the such legal complexities in you divorce case.
LGBTQ marriage and divorce has been recognized under California law for some years now. The state of California also acknowledges registered domestic partnerships that affords you similar rights and responsibilities. Our divorce attorneys are highly experienced in LGBTQ divorce proceedings and are proficient with all new California family law statutes regarding this still young area of California divorce and family law. With this new and still growing area of LGBTQ California divorce law you can be assured that our experienced lawyers will provide you with the the effective and proficient representation you deserve.
Contrary to popular notion, many forget that California divorces don’t have to be contested. It is very possible for divorcing spouses to be amicable and agree on the terms for their divorce. When divorcees agree on their divorce it is called an Uncontested Divorce. In the scenario that one of the spouses neglects to respond to being served divorce papers that is what is know as a default.
Even if you both agree on having an uncontested divorce you still have to account for the particulars of your divorce break-up. You will be required to give the court a comprehensive report about custody or support agreements, divisions of assets or property, and spousal support if necessary. The California family law court will evaluate the terms terms of your agreements and approve them should they determine the proposals are fair and in accordance with the family law statutes of the state. Having an experienced Los Angeles divorce specialist as your attorney, will ensure that you will achieve the best and smoothest transition possible for your divorce.
Attorney Charles M. Green’s exposure to a variety of businesses and business executives in Los Angeles for the past 22 years couple with his financial expertise as an accomplished former CPA provides an invaluable ingredient to the divorce process. He has experience helping business owners navigate issues such as, but limited to:
Essentially, the divorce process for a business owner and the wellbeing of your business can be managed intelligently if you make the right decisions early. Don’t gamble with your business’ future. You have the preeminent financial expertise of divorce attorney Charles M. Green at your disposal.
We hope we have the privilege of serving you and your family’s best interest.
Call today for a consultation.
Our divorce firm is highly experienced with multi-dimensional and complicated divorce cases. We can provide expert financial advice in drafting you a prenuptial arrangement to sustain the integrity of the assets and property you’ve acquired and to formulate your possible spousal support commitments before you get married. If you already married and desire similar protection, there is a type of legal agreement called a PostNuptial Agreement. Perchance you or your family have been subject to domestic violence abuse and you require a temporary restraining order against the abusive spouse or parent to protect yourself. If this is the case, we can assist you in taking prompt measures to get the state-mandated protections you need.
Sometimes, part of an effective divorce game plan is to file for Bankruptcy in order to avert significant any community property or separately accrued debts. Our Los Angeles divorce firm is skilled at traversing issues of Divorce, Bankruptcy and Taxation issues as well. Whatever divorce scenario has arised in your life, we sincerely urge you to talk and/or meet with us to understand the scope and possibilities of your case as well obtain the most legally and financially skilled divorce & family law legal representation in Los Angeles.
Children should be the priority in a divorce
Although, there is much discourse in psychology crowds regarding exactly what intensity long-term divorces have on children, there is certainly no question that it creates huge changes in their lives, especially during the stage of actual separation. California family law courts make the best interests of the child THE priority in all cases.
We understand that divorce can be an emotionally taxing time that may distract and cause you to fall short on your normally attentive and great parenting skills. Just remember that your children, whether adolescent or teenagers, are still developing their identity, confidence, and emotional skills. Protecting and ensuring their healthy processing of the divorce should be at the top of your priorities.
There’s no debate about the reality that parents are the most important people in a child’s life, or that a contentious divorce is extremely harder on children who are exposed to the parent conflict compared to those who are not.
It is imperative that you do not bring your kids into spousal conflicts.
Divorce is one of the most stressful life events that a person in this society can experience. In terms of difficulty, only the loss of a friend or relative or departing from a lifetime home can be of comparable experience. Even for the spouse initiating the divorce, the significant changes that will follow are most definitely going to challenge you, emotionally and mentally. Just like one grieves at the passing of a loved one so it is that a type of “grieving” process is necessary for concluding one of the most significant chapters of your life.
In this emotional and mental process it is important to acknowledge your emotional and mental states and ensure adequate safeguards for keeping your healing stage a healthy and balanced one through what we call safe-care. Self-care means to partake in actions that consciously tend and care for our mental, emotional, and physical well-being.
Do not hesitate to seek guidance from a therapist or type of spiritual or social adviser. If you research there are affordable counseling programs or practitioners available through mental health care networks and local community wellness centers. If involved in a spiritual community it is also like you will find a helpful ear or counseling there as well. If children are involved in the divorce having these self-care options available for your children is also important for their well being.
Thinking “therapy” is not for you during a time like this is usually a defensive ego talking. Self-reflecting and a skilled open-eared friend is helpful to anyone in these ever shifting social times. Take time to consider it and what type of therapy might work for you. If you’re not feeling the thought of “counseling” social empowerment groups like a divorce support group or similar would be worth looking into.
California divorces can be smooth, diplomatic transitions or they can be tumultuous and emotionally charged. The divorce process for most divorcing couples is somewhere in the middle of that spectrum. However, when the process does take on an extreme form it is usually to the negative.
We are all unique individuals possessing unique life experiences. Some of us have experiences more challenging than the next person and with that, some individuals having the privilege of knowing how to manage those challenges better than others. Romantic relationships often distract individuals from acknowledging and working on their personal, buried, emotional wounds. Consequently, during a break-up these unresolved issues will trigger intense emotions and inhibit logical thinking.
We understand the onslaught of inciting thoughts and emotions you may be facing. However, for the greater good of everyone involved, including yourself, conscious effort should made to keep the negativity in check. Easier said than done of course, right?..