Even divorces with minimal conflict can be complicated. You may think that you and your
spouse are in agreement about major points including financial settlements, property and
children. It is important that an experienced advocate review your settlement and work
independently on your behalf to ensure that your immediate and future rights are secure.

When divorcing, you may wonder how long it will take. A divorce could be finalized in a few days, if the parties already know what they want to do and have all their financial information in order for the attorneys, or could be drawn out over years, depending on the issues that you and your spouse face. Working with an experienced attorney can minimize the time and expense of litigation and ensure that your rights are protected.

California is a community property state, meaning that all property is considered either
“community” or “separate” property. At the time of divorce, the courts will divide all community property equally between the parties. Community property is property that is acquired during marriage, other than by gift to one or the other of the parties or by inheritance. Separate property is property that is acquired before marriage and after separation and by gift or inheritance during marriage. Although these definitions may seem to be simple, characterization of property as community or separate property, on divorce — especially accounts and other property that have been commingled — can be a complicated process.

If you are a dependent spouse, you may be entitled to spousal support. Spousal support
determinations can be complicated because of the discretion given to the court. An experienced attorney can present your case effectively. The court will consider a number of factors including: the earning capacity of each party, the standard of living established during the marriage, the earnings and marketable skills of each party, and many other factors.

If you have an original divorce order that establishes custody, child support or spousal support, you may be able to obtain a modification to that order based on a significant change in circumstances. Custody arrangements can be changed if one party relocates or if the child has different needs. A support determination could be adjusted based on an increase or decrease in income, such as losing a job, getting a new job with different pay, or retirement. We can help you obtain a modification or challenge a proposed modification. It is important to understand that support orders cannot be modified retroactively. Therefore, as soon as there is a need for a modification of a support order, you should immediately consult a family law attorney.

In California divorces, the court has the authority to order a party to pay some or all of the attorney’s fees and litigation costs of the other spouse. The purpose of such orders is to make sure that both parties have access to quality legal representation to level the playing field so that the party who has more assets or income cannot overwhelm the other spouse. If you feel you cannot pay an attorney to represent you, you should still check with a family law attorney to see if that is really the case. It may be that we can quickly obtain funds from the other party so that you can have representation.