How to File For Divorce in Los Angeles

In the bustling city of Los Angeles, navigating the emotional and legal complexities of divorce can be overwhelming. For many couples, an uncontested divorce offers a more amicable and efficient path to separation. This option is particularly appealing to those in neighborhoods like Silver Lake, Westwood, and the San Fernando Valley, where community ties and shared resources can make the process smoother.

Local government resources, such as the Los Angeles County Superior Court, provide essential information and forms for those considering an uncontested divorce. Understanding the court's requirements can help you avoid unnecessary delays and complications. Additionally, the Los Angeles Department of Family Services offers workshops and resources that can guide you through the emotional aspects of divorce, ensuring you have the support you need during this challenging time.

We recognize that many residents face common pain points, such as concerns about property division, child custody, and financial stability. An uncontested divorce can alleviate some of these worries, allowing couples to reach agreements on these critical issues without the stress of a contentious court battle. Our team is well-versed in the unique challenges faced by Los Angeles residents, and we are here to help you navigate the process with compassion and understanding.

By choosing an uncontested divorce, you can save time, reduce legal fees, and maintain a more positive relationship with your spouse, which is especially important if children are involved. Our attorneys are dedicated to providing personalized guidance tailored to your specific situation, ensuring that you feel supported every step of the way.

For those in Los Angeles looking to explore the benefits of an uncontested divorce, we invite you to reach out to our team. We are committed to helping you achieve a resolution that works for you and your family.

Settling a Divorce vs. Divorce Litigation

California is a no-fault divorce state. This means that either party may file for divorce simply due to irreconcilable differences. Property settlements are not affected by the behavior of either spouse – although child custody and visitation may be.

Despite the emotions often involved in divorce, it is in the best interests of both spouses to work out an agreement and avoid divorce litigation. Settlement affords more control than going to court, where the final decision lies with a judge.

It can also allow a couple to resolve their case quicker and more affordable. If an agreement cannot be reached, however, we vigorously defend our clients’ interests in court to ensure a fair divorce settlement. The Law Offices of Korol & Velen often recommends mediation with a neutral third party to work out disagreements, particularly when children are involved.

We advise clients on legal strategies and recommendations for workable, out-of-court, custody and visitation agreements. We stand by our clients until the healing and recovery process of divorce where we refer a network of trusted family counselors to help them. No matter the specific concerns you have, we can assist with every aspect of divorce.

How To File for Divorce in California

Petition for Divorce

To start the divorce process, one of the spouses must file a petition. Even if both spouses are in agreement, one of them will have to file a petition with the court asking for the divorce.

This petition states the grounds for the divorce. These vary from state to state. California is a no-fault state, meaning no fault is placed on either party regardless of infidelity, etc. All jurisdictions allow for some type of no-fault grounds such as “irreconcilable differences.”

Some states will consider fault grounds for divorce, such as adultery or abandonment. Your attorney will be able to advise you on if fault grounds are available in your state, and if so, whether or not it makes sense to file for divorce on fault grounds.

Temporary Orders for Support and Custody

If one spouse is seeking financial support or custody of children, that spouse will need to ask the court for temporary orders for support and custody. A temporary order is usually granted within a few days of the initial petition. It remains in effect until the full divorce court hearing.

If the party seeking the temporary order is the same party who is filing the petition, it’s advised that they file both the divorce petition and the temporary order at the same time. If you are not the party that filed the divorce petition but will be looking for temporary support or child support, it’s advised that you file your request for the temporary order as soon as possible.

A divorce attorney can ensure that you fill out the correct forms and file them correctly and in a timely fashion.

Proof of Service and Response

When a party files for divorce they also need to file for a proof of service of process. This document proves that a copy of the divorce petition was given to the other party. This can be done through a process server, or by a lawyer.

There are numerous ways to do this and you’ll want to consult a lawyer for advice on how to do this. If the parties mutually agree on the divorce, it is best for the party who files the complaint to arrange for service of process to the other party’s attorney.

Once the party receives the service of process they will need to file a response to the petition. In states where fault grounds can be filed and the responding party wants to dispute those grounds, he or she needs to address it in the response. They are able to dispute the facts alleged in the grounds for divorce.

Additionally, it should be set out in the response if the party disagrees with:

• Property division
• Child support
• Child custody
• Or any other issue

Negotiation

When two divorcing spouses disagree on issues they must come to an agreement that settles their differences. Often times this is done through mediation rather than going to divorce court. During this process every aspect of a marriage is resolved: child custody and visitation, child support, property division and any spousal support.