Family Law

A California divorce starts with a petition and moves through financial disclosures, temporary orders and, in most cases, a negotiated settlement. When agreement is not possible, the issues are decided by the court at trial. California is a no-fault state: the only ground most people need is irreconcilable differences, and the reasons for the breakup generally do not affect how property or support is decided. However, no-fault does not mean every case turns out the same. Preparation, attention to the financial details, and strategy still shape the result.

Both spouses must exchange sworn financial disclosures, including a schedule of assets and debts and an income and expense declaration, before any judgment can be entered.

• Filing or responding to a petition
• Temporary custody, support and property orders
• Financial disclosures and discovery
• Settlement, marital settlement agreements and judgment

California courts decide custody based on the best interest of the child, looking at the child's health, safety and welfare, any history of abuse, and the nature and amount of contact with each parent. Custody has two parts: legal custody, which covers decisions about school, health care and welfare, and physical custody, which covers where the child lives.

Before a contested custody hearing, parents in Los Angeles County meet with a court counselor through Family Court Services. The work you and your attorney put into the case often shapes the outcome. Orders can be changed later when circumstances change.

Keep your emails and text messages with the other parent. Written communications are often some of the most important evidence in a custody case.

• Parenting plans and visitation schedules
• Legal and physical custody disputes
• Move-away and relocation requests
• Modifying existing custody orders

Child support in California is set by a statewide guideline formula based mainly on each parent's income and the time each spends with the child. Child care costs related to work and uncovered medical costs are added on top. Getting income right, especially for business owners or anyone with bonuses, stock or irregular pay, is where much of the work is.

Spousal support may be ordered while the case is pending and after judgment. Long-term support depends on the factors the court must weigh, including the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, and the goal that the supported spouse become self-supporting within a reasonable time.

• Guideline child support and add-ons
• Temporary and long-term spousal support
• Income analysis for self-employed and high earners
• Modifying or terminating support

Property acquired during the marriage is presumed to be community property and is divided equally. Property owned before marriage, or received by gift or inheritance, is generally separate property. Many cases turn on the details: a home bought before marriage but paid down with marital income, a business that grew during the marriage, or separate funds mixed into joint accounts.

Dividing property well means identifying and valuing everything, tracing separate property contributions, pursuing reimbursement claims, and understanding the tax consequences of who keeps what. For self-employed spouses and business owners, retaining a forensic accountant is often necessary to present this evidence to the court. Retirement accounts are usually divided by a separate court order sent to the plan.

• Characterizing community and separate property
• Real estate, businesses and professional practices
• Retirement accounts and pension division orders
• Tracing and reimbursement claims

A domestic violence restraining order can protect a spouse, partner, child or family member from abuse, which California defines broadly to include harassment, threats and disturbing the peace. A temporary order can often be issued within a day, with a full hearing set approximately three weeks later.

These orders can also include temporary custody, visitation, support and control of property, so they often affect the rest of a family law case. The firm represents people asking for protection and people responding to a request.

• Requesting a temporary and permanent restraining order
• Responding to a request and preparing for the hearing

A prenuptial agreement is only as good as the process behind it. California requires full disclosure and enough time to review the final agreement before signing. In all cases, independent counsel for the other party is strongly recommended. Postnuptial agreements are judged under the duties spouses owe each other, so they need particular care.

Marital settlement agreements end a divorce on clear terms. A well-drafted agreement avoids the ambiguities that lead people back to court years later.

• Drafting and reviewing prenuptial agreements
• Postnuptial and transmutation agreements
• Marital settlement agreements

Life changes after a judgment. Custody and support orders can be modified when circumstances change, such as a new job, a loss of income, or a change in a child's needs. When the other side is not following an order, the court can enforce it.

• Modifying custody and support
• Enforcing judgments and orders