Divorce Attorney - Property Division Attorney | Burns Law

Divorce Lawyer in Los Angeles

Why You Need A Los Angeles Divorce Attorney and How We Can Help

Whether you are going through a divorce that is contested or one that both of you agree needs to take place, it will nevertheless be extremely stressful and sad. If children happen to be part of the equation, the situation can be even more upsetting to everyone. Yet despite the emotional turmoil you may be experiencing, it is still important to think clearly so that you walk away from your divorce with your finances and other related areas intact. From the division of property to making decisions about child support payments and alimony, these and other areas require the expertise of a skilled family law attorney in Los Angeles residents trust, which is why you should contact Burns Law.

Why Do I Need a Divorce Lawyer?

By hiring an attorney to litigate your divorce, your rights will be well-protected throughout the process. Depending on the dispute, you can come away from the experience with the best possible agreement you could expect. For example, if there are questions as to whether custody should be sole or joint, having a legal professional working on your case can make all the difference. You will also be able to ensure your asset and property division lawyer will not give in to the other side and allow you to lose out on valuables such as real estate and businesses that will be needed post-divorce.

Filing for Divorce

When you are ready to file for divorce from your spouse, it must be done so based on the state's residency laws. This means you must file for divorce within the county in which you have lived, and you must have lived there for at least the previous three months. Along with this, you must also have resided in California for at least six months prior to filing for divorce. Should you not meet these requirements, you still have the option of filing for a legal separation, so keep this in mind. Should questions arise about residency and other areas, always speak to a legal professional that is well versed in managing divorce disputes.

A Community Property State

Since dividing up a couple's assets is usually one of the most contentious aspects of a divorce, it will serve you well to avoid doing this on your own. Due to California being a community property state, this means the property acquired by you and your spouse during the marriage is usually divided equally between both parties upon divorce. However, questions and disputes almost always arise as to whether certain assets were obtained during the marriage or separately by a spouse. If you believe your spouse is trying to obtain property during the divorce to which they are not entitled, let your lawyer handle the matter on your behalf.

Child Custody

Along with disputes about assets and property, child custody is also one of the most hotly-contested areas involved in divorce hearings. Since the court will always do whatever it believes will best benefit the child, it is crucial you keep your cool while your divorce plays out. Otherwise, you could not only lose custody of your child, but also be severely restricted by the court regarding visitation should things get too out of hand. Typically, courts will look at which spouse has the best means to provide for the child's physical, emotional, and financial needs when determining custody agreements. However, if you and your spouse can reach an understanding on your own, this can greatly influence the court's decision.

Support Payments

While child custody can sometimes be contentious in these situations, so too can support payments applying to both a spouse and children. Again, the court will look at not only the custody agreement in these matters, but also the financial standing of you and your spouse. This can be crucial, since if you are the spouse who has primarily supported your family over the years, chances are you will be expected to continue making financial contributions to your spouse. Once the court makes a decision in this area, it can be quite difficult to amend it. Therefore, you should always make sure your attorney from Burns Law will work closely with you in this area. If you are not forthcoming regarding assets and other financial information, the ruling issued by the court could be difficult for you to comply with on a long-term basis.

Marriage Dissolution

In some situations, it may make more sense for you and your spouse to not get a divorce, but to instead become legally separated. This can have many benefits, such as allowing the two of you to live apart from one another and move forward with your lives. However, it can also be extremely beneficial to you from a financial perspective, especially if you believe support payments and the dividing up of property would create a severe financial hardship for yourself. By becoming legally separated, you can avoid the burden of child support and spousal support payments. Make sure this process is done properly through the court. 

Do What is Best for You

Since almost any divorce is complex in many ways, always work with an attorney that is well-versed in divorcement. Dedicated legal professionals will have your best interests at heart. Ultimately, your goal after a divorce is to come out of it unscathed as much as possible financially as well as personally. Therefore, make sure whatever support and custody agreements that are reached are ones you can live with in the coming years.

Rather than wind up on the losing end of your divorce proceedings, meet with a Los Angeles divorce attorney from Burns Law. Clients turn to time and time again, and we can assure you that you and your family will have peace of mind with a successful adoption. Contact us to schedule a consultation.

Property Division

When you are going through a divorce, property division between you and your spouse is often hotly debated and very contentious. Any divorce attorney will tell you that property division and child custody are the two issues that turn the ugliest in divorce court. It’s important to consult a property division lawyer in LA since who gets what will determine the standard of living each of you will be able to enjoy post-breakup. Your property division will depend on whether or not you and your ex-spouse had a pre-nuptial or post-nuptial agreement. Whether or not you and your ex-spouse had any sort of agreements regarding the division of property, you should contact an attorney to ensure that you get fair treatment during this period.

California Divorce: Dividing Property

During a divorce, both parties involved must work a separation of property. Due to the heightened emotions involved during this time, many rely on a legal divorce advisor to facilitate the process. In most cases, married couples move into a home together. After the divorce there are a few outcomes for property, which is considered anything that can be bought or sold.

-       The property can be sold resulting in split equity

-       One partner may petition to keep the house; conditions apply if child support is needed

-       Ownership is fairly debated during the negotiation process

However, it depends on the type of property given in the divorce. This article provides additional information on four types: community property, quasi property, separate property, and combined property. The circumstances depend on the case itself. Some couples agree to work out the separation of property process together, without legal assistance. However, they must, after agreeing, present the agreement to a state judge to authorize it by signature.

To avoid penalties, the judicial department of California requires a form to be filled out. It discloses all the individual separate and community properties. During asset and division process, the parties will have to follow the following steps to be sure of their asset status:

  • Create a full list of your assets
  • Determine if the assets are separate or community property
  • Do proper evaluations of the assets
  • Divide the assets equally if community assets

Annulment Versus Divorce

An annulment is a less expensive legal procedure that cancels a marriage, instead of going through a divorce. You can get a civil or religious annulment. The religious annulment will be conducted by the church both parties identify with. However, it will not terminate the legal marriage. To legally end the marital status, both parties must get a civil annulment through court. While both options end the marriage, it is up to you and your partner to discuss how you would like to proceed with the process.

If you suspect that you do have grounds for an annulment, you should seek the counsel of a lawyer. Annulments can additionally end marriages that should not have been issued, in cases of bigamy or incest. Reasons for filing and qualifications vary per state, such as:

-   Spouses were tricked into marrying

-   One or both spouses were underage

-   A spouse is already/currently married

-   Mentally impaired at the time of the marriage

-   Marriage remains unconsummated

-   Serious misrepresentation or fraud

Orders of Protection and Restraining Orders

There are many reasons that constitute a divorce. An unfortunate scenario involves cases of domestic abuse, where a restraining order must be issued. Regardless of who the abuser is, having a restraining order in place gives you important legal recourse should they continue to harm you. While going through a divorce, trying to manage getting an order of protection may be an added stressor. It is best to hire a legal professional to guide you through the legal process. Though, you do not and should not wait if you are in immediate danger of domestic violence. Instead, call 911 and have the police petition a judge for an Emergency Protective Order. If the situation permits, work with your lawyer to petition for a temporary restraining order. Your abuser is required to show up to court, where the judge will make a final decision. Acting this way allows you to document an official detailed report of how your abuser acted toward you. A few weeks following the issued temporary order, you will return to court. The judge can turn the restraining order into a more permanent solution.

Dividing Property and Debt During Divorce FAQs

Dividing property is by far the most stressful part of a divorce. Most spouses do not have prenuptial agreements, nor do they agree on how to effectively split their belongings. Before consulting with a legal professional, you must be wondering what dividing property during a divorce entails, and if you have any chances of getting a portion of the property. We answer the most frequently asked questions if you are having trouble dividing your assets.

Uncontested Divorce

Also known as a summary dissolution, an uncontested divorce is when couples agree to separate and file a joint petition for divorce. Instead of the property division battle that follows, couples who are getting a summary dissolution do not have to hash out their differences in court. Instead, they must file for a summary dissolution together, but they must also meet certain requirements for this to be granted by a judge. To read about what requirements must be met in order for this quick and cheap divorce option, click the link above.

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