Criminal Defense Lawyers

Los Angeles Understanding the Divorce Process

Understanding the Divorce Process in Los Angeles: A Step-by-Step Guide

Introduction

Thanks for visiting Spodek Law Group. If you’re on this webpage – it’s because you’re considering a divorce in Los Angeles, California. It’s a scary process, we know it – and get it. But, fear not – the Spodek Law Group team is here to guide you through it, step by step. In this article, our goal is to break down the divorce process in LA; ranging from filing the initial paperwork, to finalizing the divorce judgment and helping you understand what happens next. Spodek Law Group’s article will cover the key steps, the legal technical terms, and the potential pitfalls when you go through the divorce process. By the end of this article, our goal is to make sure you have a clear understanding of what to expect when going through a divorce in Los Angeles, and how to navigate the process.

The Basics

In Los Angeles, as in the rest of California, divorce is known as “dissolution of marriage.” The process of going through a divorce in Los Angeles is governed by the California Family Code. This code sets out the rules, and procedures, when you’ve decided to end the marriage.To file for divorce in LA, you, or your spouse, are required to have lived in California for at least six months, and in Los Angeles County for at least three months.

-> If you don’t meet these residency requirements, you can still file for a legal separation. You can then amend it later to a divorce once you’ve met the residency requirements. California is a “no-fault” divorce state, and this means you do not have to prove that your spouse did something wrong to get a divorce. From our experience, the most common ground for divorce is “irreconcilable differences,” this means that you and your spouse have fundamental disagreements that have broken down your marriage. 

Step 1: Filing the Divorce Petition

The divorce process in Los Angeles County officially begins when one spouse, known as the “petitioner,” files a petition for dissolution of marriage with the Superior Court of Los Angeles County. The petition is a document which states the petitioner’s wish and intent to end the marriage, and it also outlines the proposal for dividing property, determining spousal support, and handling child custody and support, if applicable. In addition to the petition, the person who is filing it must also file a summons, which is meant to inform the other spouse, known as the “respondent.” The intent is to notify the other person that a divorce case has been started and that they have 30 days to file a response.

Step 2: Serving the Divorce Papers

Once the petition, and summons, have been filed in court, the petitioner has to “serve” the other party with a copy of these document. Service of the divorce papers can only be done in person by anyone who is over the age of 18, and who isn’t involved in the divorce case. Alternatively, the divorce papers can be filed by mail with a Notice and Acknowledgment of Receipt form. If the other person is cooperative, they can sign the Notice and Acknowledgment of Receipt, which means they are confirming they received the papers. If not, the petitioner will have to be served in person, or by a process server, or the sheriff’s office.

Step 3: The Response

After being served, the other party has 30 days to file a response to the petition. In this response, the spouse can agree with your proposal or make their own proposal the final divorce, such as: dividing property, determining support, and handling custody. If the spouse doesn’t file a response within 30 days, the petitioner can request a default judgment, and this means the court will grant the divorce on the terms discussed in the petition.

Step 4: Disclosing Finances

Within 60 days of filing the petition, both spouses have to exchange detailed financial information, which means including pertinent information like income, expenses, assets, and debts. This process, which is known as “preliminary declaration of disclosure,” is required – even if the spouses have come to an understanding on how to divide their property. Both you, and your spouse have to complete and exchange:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• An Income and Expense Declaration (Form FL-150)
• A Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160)
• Tax returns from the past two years

Failing to fully disclose this extremely important financial information can result in serious penalties, so it’s important to be thorough and honest. Lying to the court is a big no-no.

Step 5: Reaching Agreements

If both you and your spouse can agree on all the issues in your divorce – property division, spousal support, child custody and support – you can draft a marital settlement agreement. This is a contract which outlines the terms of their agreement and becomes part of the final divorce judgment. Negotiating a settlement agreement can be complex, especially if there are significant assets or personal issues involved. 

Step 6: Going to Court

If you and your spouse can’t reach agreements on your own, you’ll need to go to court and have a judge decide the unresolved issues. This process starts with one spouse filing a Request for Order (Form FL-300) asking the court to make decisions on specific issues.The court will then schedule a hearing where both spouses can present evidence and arguments supporting their positions. After considering all the information, the judge will make decisions on the disputed issues, which will become part of the final divorce judgment.

Step 7: Finalizing the Divorce

Once all the issues have been resolved, either through agreements or court orders, one spouse (usually the petitioner) must file several forms to complete the divorce:

• Declaration for Default or Uncontested Dissolution (Form FL-170)
• Judgment (Form FL-180)
• Notice of Entry of Judgment (Form FL-190)

If the divorce is uncontested, meaning the respondent never filed a response or the spouses have reached agreements on all issues, the petitioner can usually submit these forms without a court hearing. If there are unresolved issues, a final hearing may be necessary.After the judge signs the Judgment, the divorce is final. However, the marriage isn’t legally terminated until six months after the respondent was served with the petition and summons. This waiting period is mandatory in California, even if both spouses agree to the divorce.