By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024
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The divorce rate in the U.S. seems to climb every year. The same is true for Los Angeles. If you're considering filing for divorce, you should become familiar with Los Angeles divorce law. You should also know how the Los Angeles divorce process works.
Here, we'll provide the basics of an L.A. divorce. This article will offer practical advice, from filing your divorce petition to negotiating alimony, child custody, and property division.
If you still have questions about your divorce case, contact an experienced Los Angeles divorce attorney.
You know what divorce is. But Los Angeles County has three ways to end a marriage or domestic partnership: annulment, divorce, or summary dissolution. It's important to know which process applies to you.
An annulment occurs when the court says your marriage or domestic partnership was never legal in the first place. It is like saying the marriage never happened. You may wonder when annulment may be appropriate.
Some of the situations in which annulment is the best option include:
California law refers to a divorce as a "dissolution of marriage" or "dissolution of domestic partnership." Divorce legally ends a marriage or domestic partnership. Following a divorce, both parties become single and can pursue remarriage or domestic partnership.
In a divorce, the court may also issue court orders on child custody, visitation, child support, restraining order, or division of marital property.
In Los Angeles, you can also file for a summary dissolution. This operates just like a divorce. But you can achieve a summary dissolution simply by filing paperwork with the court clerk. You don't have to go before a family law judge.
Summary dissolution is only available to couples who have been married for less than five (5) years, have no children together, and have no shared real estate or sizeable assets.
California also recognizes legal separation. A legal separation doesn't end your marriage or domestic partnership like a divorce or summary dissolution. But it does allow the court to decide issues like child custody, spousal support, child support, and restraining orders.
Some people choose a legal separation for religious or insurance reasons. Still, you should know that a separation does not permit you to get re-married or enter a new legal partnership with someone else. The benefit of legal separation is that your separation agreement can serve as a blueprint for your marital settlement agreement.
If you aren't sure which action is the best option, seek legal advice. You can also visit the Los Angeles court's online website's self-help section.
California is a no-fault divorce state. You don't have to prove that your spouse did anything wrong to file your divorce papers. You can simply certify to the court that you and your spouse are experiencing "irreconcilable differences."
Under California law, either spouse can decide to end the marriage. The other spouse cannot obstruct the process by refusing to take part. Even if your ex does not want to divorce or does not take part in the divorce process, you can still get a "default judgment for divorce," and the divorce will go through.
You start the divorce process in Los Angeles by filing a petition for divorce with the Los Angeles Superior Court. File your petition with the court along with basic information about your marriage. You can request that the judge issue specific orders on your shared property and children.
The Los Angeles courts also require that you file a summons. The summons provides important information about the divorce process for you and your spouse. It also limits what you may do with your marital assets and debts.
Sometimes, the summons requires you to get a court order or prior written consent from your spouse before you can move out of state with your children. You may also need to file more forms, such as a Declaration of Disclosure, available on the California Judicial Branch website.
You must submit proof of service once you file any divorce paperwork with the court clerk. The law requires you to serve notice of the divorce action on your spouse. This process is "service." Your spouse or domestic partner must get a copy of your court filings.
After filing your petition and service of process, you and your spouse might have to attend mediation. Your case will go to trial if you can't negotiate a settlement. At trial, both sides present their arguments to the judge. The judge will then decide on any outstanding issues.
Some of the more complex issues in a contested divorce include:
Very few family law cases make it to trial. The courts provide incentives for both sides to settle the matter out of court.
There are quite a few Family Law courthouses in the Los Angeles area where you can file your divorce paperwork.
The three Central District courthouses are:
You can also find more information on Los Angeles courthouses if you want to find one closer to your area.
Before the judge can grant your divorce, you must resolve all child support, child custody, and property division issues. Either you'll negotiate a settlement of the divorce terms, or the judge will decide for you.
Los Angeles has a mandatory six-month waiting period before the courts can finalize your divorce. Under California law, the judge can't issue your judgment for divorce until at least six months have passed since your filing date.
Going through a divorce is never easy. The Los Angeles divorce process can be complex. Meeting with an experienced divorce attorney or seeking free legal aid in Los Angeles may help make the process less stressful.
If you're thinking about divorce or would like help with the process, consult a divorce attorney near you today.
Contact a qualified attorney.
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