Understanding the California Divorce Process
When you understand how the legal process works, it becomes much less intimidating. California family law has specific rules, but we are here to translate them into plain English and handle the heavy lifting for you.
Here are a few of the foundational concepts we will help you navigate:
The Residency Requirement
Before you can file for a divorce (legally called a “dissolution of marriage”) in California, certain residency requirements must be met. Generally, either you or your spouse must have lived in California for at least six months, and in the specific county where you plan to file (like Los Angeles County) for at least three months. If you do not meet these requirements yet, we can help you explore other immediate options, such as filing for a legal separation.
“No-Fault” Divorce Explained
You might be wondering if you need to prove that your spouse did something wrong to get a divorce. You do not. California is a “no-fault” state. This simply means the court does not require you to assign blame or prove misconduct, such as infidelity. You only need to state that there are “irreconcilable differences.” This allows us to focus our energy on your future, rather than arguing over the past.
The Six-Month Waiting Period
It is normal to want the process to be over quickly. However, California law requires a mandatory waiting period. A divorce cannot be finalized until at least six months have passed from the day the initial divorce papers are served to your spouse. While this waiting period is unavoidable, we use this time productively to help you and your spouse reach agreements on your finances and children.
Key Issues We Will Navigate Together
Every marriage is unique, which means every divorce requires a personalized approach. Rather than applying a one-size-fits-all strategy, we listen to what matters most to you.
We regularly guide Los Angeles families through the following crucial areas:
Child Custody and Co-Parenting
When you are a parent, your children are your absolute top priority. They are ours, too. The thought of not seeing your children every day can be heartbreaking. We help you create practical, child-focused parenting plans that provide stability and routine. California courts prioritize the “best interest of the child,” and we focus on helping you and your co-parent reach an agreement out of court, minimizing the emotional toll on your kids.
Child Support
Both parents share the responsibility of providing for their children. We will help you understand California’s standard child support guidelines, which look at both parents’ incomes and the amount of time each parent spends with the children. We work carefully to ensure the final numbers are accurate and fair, so your children have the financial security they need in both homes.
Spousal Support (Alimony)
Transitioning from a two-income household to a single-income household is a major financial shift. Spousal support is designed to help ensure neither person faces financial devastation after a divorce. Whether you are seeking support to help you get back on your feet, or you are the higher-earning spouse wanting to ensure a fair and manageable arrangement, we will clearly explain the factors the court considers—such as the length of your marriage and each person’s earning capacity.
Dividing Your Property and Debts
California is a “community property” state. Generally, this means that the assets and debts you acquired during your marriage belong equally to both of you. Dividing a life you built together can be complex. We will help you identify what is shared and what belongs solely to you. We guide you through the fair division of your family home, retirement accounts, savings, and investments, ensuring your financial foundation remains secure.
Families & Situations We Support
Because we take a boutique, personalized approach, we are equipped to help families from all walks of life in the Los Angeles area.
We understand the specific nuances that different lifestyles bring to a divorce:
High Net Worth & Complex Property
When significant assets, business ownership, intellectual property, or multiple real estate properties are involved, the financial picture can become complicated. We work alongside trusted, neutral financial professionals—such as appraisers and forensic accountants—to ensure everything is valued accurately and divided fairly, without unnecessary public battles.
LGBTQ+ Divorces
We proudly support all families. While the fundamental rights regarding marriage and divorce are the same for everyone in California, we understand that same-sex couples sometimes face unique legal nuances, especially regarding the date of separation, domestic partnerships, or specific child custody matters. We are here to provide a safe, supportive, and knowledgeable space for you.
Military Families
If you or your spouse serve in the military, your divorce involves additional layers, such as dividing military pensions, navigating deployment schedules, and adhering to federal laws like the Servicemembers Civil Relief Act. We understand how to coordinate both state and military rules to protect your family.
Uncontested Divorce
If you and your spouse have already decided how you want to divide your property and share time with your children, you are in a great position. We can help you finalize an uncontested divorce. We will draft all the necessary legal documents, ensure no important details are overlooked, and make the process as simple and stress-free as possible.
Finding a Peaceful Path: Alternatives to the Courtroom
Many people assume that hiring a divorce lawyer means preparing for a dramatic, exhausting trial. At M. Burt Law, we believe there is a better way. We strongly encourage out-of-court solutions that keep your personal life private and put the decision-making power in your hands, not a judge’s.
Mediation
Mediation is a voluntary, confidential process where a neutral professional helps you and your spouse communicate and reach mutual agreements. It is often much less expensive, much faster, and significantly less stressful than a traditional court battle. We can guide you through the mediation process, reviewing agreements to ensure your rights are completely protected.
Collaborative Divorce
In a collaborative divorce, both spouses and their lawyers sign an agreement committing to resolve all issues out of court. We work as a team, often bringing in child specialists or financial planners, to find creative solutions that benefit the whole family.
Legal Separation
Sometimes, a divorce isn’t the right step. If you need time apart, want to maintain certain health insurance benefits, or have religious objections to divorce, a legal separation allows you to divide your finances and establish custody orders without legally ending the marriage.
