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The Difference Between Legal Separation And Divorce
When you are legally divorced, you are then free to remarry. If you are only legally separated, you cannot remarry.
In the state of California, simply moving out of the home shared with a partner or spouse does not mean that they are legally separated. This date is your date of separation, but you will need to file legal documents for your separation to become recognized by the law.
Individuals who are older, who want to continue sharing health insurance and who are not interested in marrying may choose to remain legally separated. But the majority of individuals want to move on with their lives and will choose to legally divorce at some point.
At Lavinsky Law Firm, our Los Angeles family law attorneys providing superior legal representation in family law. If you would like more information about legal separation or divorce, Contact our Los Angeles divorce attorneys online.
The Dissolution of a Marriage “Divorce”
In the state of California, at least one spouse must be a resident of the state for 180 days or six months prior to the divorce. Once the paperwork for a divorce has been delivered to your spouse, you must then wait a minimum of six months before your divorce can be finalized.
California is a no-fault state, meaning that you cannot argue for a divorce based on something that the other person did. The most common basis for a divorce is “irreconcilable differences” for two reasons:
- You are given the right to have your divorce granted at some point
- Your divorce is not contingent on the other person signing
Once the divorce process starts you can enter mediation to discuss several issues including:
If you or someone you know is facing a divorce, it is important to procure the proper legal guidance. A qualified Los Angeles family law attorney can evaluate your case. Contact our Los Angeles experiences divorce lawyers for scheduling an initial consultation
Same-Sex Marriage Rules the Same as Opposite-Sex Marriage Rules?
Yes. Anyone who registered or married California as a same-sex married couple can get legally divorced in California, even if they no longer reside in our state. Contact our skilled Los Angeles divorce attorney with experience in LGBT divorce will help you through the process.
The Division of Marital Property
Our state is only one of the few in our country which uses a community property system. This means that all of the property and debts that you acquired throughout your marriage are equally distributed between the two parties at the divorce. This includes many income revenues such as:
- Savings from income
- Other assets (such as vehicles, boats, etc.)
What this does not include is the separate property of a spouse. Separate property would be property acquired before the marriage and after the separation, as well as any gifts and inheritances.
If you are facing a divorce and would like to discuss the division of your separate and marital property, contact our experienced Los Angeles family law lawyers for complimentary consultation. Lavinsky Law is committed to protecting the rights and financial welfare of our clients in the Los Angeles area.
Temporary and Permanent Spousal/Partner Support
Also known as “alimony”, this is a payment from one spouse to another after they separate with plans to later divorce. This type of payment requires one spouse to make payments to another spouse on a temporary basis, a permanent basis, or both.
- This regular payment is made from a spouse who earns more money to the spouse who earns less
- This type of payment is meant to provide a form of financial support to a lower-earning spouse during a divorce proceeding
- It ends once a permanent alimony award is granted
- Often called “long-term support”
- Regular support payment from a payor spouse to a supported spouse
- It is intended to keep the supported spouse at the previous “martial standard of living”
If you have any questions about spousal support or are hoping to make an adjustment to your current order, Our Los Angeles Divorce and Family Law lawyers can help.
California courts will initially presume that is best for a child to have frequent and continual contact with both parents in the event of a divorce. Judges strongly support joint custody arrangements, but only to a point.
Details of your parenting plan will be determined with a view to the best interest of your child. If both parents can agree on a parenting plan, the court will typically approve it.
If you do not agree on the parenting plan, you will then be ordered to attend one or more mediation sessions. If that does notwork, then the court has no choice but to have a judge decide how both parents will share time with their children.
Lavinsky Law Firm welcome you to contact our team of skilled family law attorneys in Los Angeles today, to schedule an initial consultation to evaluate your case.
Child Support Payments
Parents are required to support their children after a divorce. The amount of child support a parent may pay will depend on:
- The income of each parent
- How much time each child spends with the parent
- The child’s standard of living prior to the divorce or separation
- The needs of the child (i.e. daycare, health insurance, education, special needs)
The child support you pay today, however, may not be the same you pay in the future depending on the above factors and several others. You can contest the amount paid or received at any time.
Post Judgment Modifications
What may have happened in court today does not necessarily mean that it will stay in place forever.
Child custody and child visitation can be modified post judgment at any time as long as there has been:
- A significant change in circumstances since the final order; and
- The proposed order is in the child’s best interest.
Child support can also be modified after a divorce depending on income changes of both parents, though it is uncommon for property divisions to be changed. In any event, it is a good idea to consult with a Los Angeles family law attorney who is well versed in family law before you proceed to ensure the best outcome.
Prenuptial & Post Nuptial Agreements
A prenuptial agreement is an agreement of who owns what property before you say your “I do’s”, while a post nuptial agreement is one which happens after the marriage has occurred.
A prenuptial agreement is a good way to protect yourself if you have substantial premarital assets, but if you did not enter into such an agreement before walking down the aisle or if you have obtained significant assets throughout your marriage, you have the option of entering into a post nuptial agreement.
Contact Lavinsky Law to discuss your prenuptial agreement with an expert family law attorney in Los Angeles.
Domestic Violence & Restraining Orders
Being a no-fault state, California does not take domestic violence into account when it comes to comes to divorce. When it comes to the welfare of children, however, domestic violence will have an impact on custody and other issues.
Skilled Los Angeles family law attorneys of Lavinsky Law will advocate on behalf of you and your child’s protection every step of the way, from ensuring domestic restraining orders (both temporary and permanent) are filed to strong arming criminal protective orders. We will help ensure that a dangerous person or persons will get no where near you or a loved one and will have no contact per court order.
Some grounds for a restraining order include:
- Social, verbal and sexual abuse
- Physical abuse or assault
- The destruction of personal property
- Ongoing annoying phone calls, emails and texts
- Social media bullying
- Violent or threatening behavior
Lavinsky Law for Any Family Law Issue
Based out of Los Angeles, California, Lavinsky Law prides itself on serving the best interest of their clients with family law issues. We are committed to informing the public about their family law rights and offer free consultations to anyone who is considering divorce, child custody, spousal support or any other familial issue. We believe Brighter Days Are Ahead and we can help you reach that day.
To arrange for your free consultation, Lavinsky Law in Los Angeles invites you to call (310) 274-2717.
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Lavinsky Law in Words of Our Clients
She was very responsive and knew so much and aggressive. She put my mind at ease and relieved me of stress.. She won the case and got the order thrown out. Very knowledgeable and flexible… Great attorney would recommend anytime.
Ms Lavinsky was very accommodating in arranging our first appointment, quick, easy and uncomplicated. Her approach to addressing the issue at hand is very straight forward, yet she gave us plenty of useful information, particularly as far as the legal angle is concerned – as to deciding on future steps to take. Our issues might require to deal with a county agency. She seems to be as knowledgeable about this particular agency as one could possibly hope for. If we will have to we would continue to stay with her office. Pleasant and reassuring. There would be no need to look for another attorney in her field if our case would necessitate it.
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I have experienced a number of issues in regard to my divorce, most of which I have tried to manage on my own. The most recent issue though (responsibility & process for removal of a lien after settlement of debt after divorce), was beyond me, as the court provided no guidance, and I could not find a clear answer online.