Key Considerations in Divorce
Several critical factors can significantly influence the outcome of a divorce. It is essential to address these early in the process:
Child custody is often the most contentious issue in a divorce. California courts prioritize the best interests of the child, considering factors such as the child's age, health, and emotional ties with each parent.
Understanding the types of custody—legal (decision-making authority) and physical (where the child lives)—is vital. Our skilled Palmdale divorce lawyer can guide parents through this sensitive process, ensuring that their rights and their children's needs are prioritized.
Parents in Palmdale frequently have questions about how school schedules, work shifts, and distance between homes will affect custody and visitation. We can help you evaluate realistic parenting plans, prepare for mediation at the Los Angeles County Superior Court, and present information that shows how your proposed schedule serves your child’s stability and well-being.
Child Support
Child support is typically calculated based on both parents’ incomes and the time each parent spends with the child. We can help determine the appropriate amount and navigate any potential disputes over support payments.
In addition to the guideline calculation, families must also think through practical items such as health insurance, extracurricular activities, and childcare costs. We can review your financial documents with you, explain how the state’s child support formula is usually applied in Los Angeles County, and help you gather the information needed so the court can enter a clear and workable child support order.
For property division, California is a community property state, meaning that assets and debts acquired during the marriage are generally considered joint property and are divided equally upon divorce.
However, distinguishing between community and separate property can be complex. Factors such as gifts, inheritances, and premarital assets can affect how property is divided.
We can work with you to identify and organize important financial information, including bank records, retirement statements, and real estate documents connected to your life in Palmdale or elsewhere in Los Angeles County. When necessary, we may recommend involving financial professionals so that business interests, pensions, or long-term investments are valued correctly before any settlement discussions or court hearings.
Spousal Support
Spousal support, or alimony, may be awarded to one spouse to help them maintain a similar standard of living post-divorce. The court considers several factors when determining support, including the length of the marriage, each spouse's financial status, and the recipient's ability to become self-sufficient.
A divorce attorney in Palmdale can provide invaluable insights into what to expect regarding these family law matters.
When spousal support is at issue, we can explain the difference between temporary support during the case and longer-term support after judgment, as well as how judges in Los Angeles County often approach these decisions. Together, we can review your work history, future earning potential, and household budget so that any support requests you bring to the court are grounded in accurate information and reflect your realistic financial needs.
The Divorce Process in California
The divorce process involves several stages, each of which requires careful attention to detail and a solid understanding of California family law. Key stages include:
- Filing the Petition: The process begins when one spouse files a divorce petition. This document outlines the reasons for the divorce and the desired outcomes regarding children, property, and support.
- Serving the Papers: The petition must be served to the other spouse, who then has 30 days to respond.
- Response and Negotiation: The responding spouse can agree, contest, or propose counterclaims. Negotiations may begin at this stage, particularly concerning child custody, visitation, and support.
- Discovery: Both parties gather financial information, including income, expenses, and assets. This phase can be complex, especially in cases involving significant assets or debts.
Frequently Asked Questions
How Long Does a Divorce Usually Take in California?
In California, there is a mandatory six-month waiting period from the date the petition is served before a divorce can be finalized. Some cases resolve quickly because the spouses reach an agreement on all issues, while others take longer due to disagreements or busy court calendars. Cases filed for families in Palmdale are typically handled through the Antelope Valley Courthouse, and the amount of time needed will depend on how many hearings are required and how quickly documents are completed and filed.
Do I Have to Go to Court for My Divorce?
Many divorces are resolved without a full trial, but most cases still involve at least some interaction with the Los Angeles County Superior Court. You may need to appear for a short hearing, especially if there are disagreements about custody, support, or access to important property. When court appearances are expected, we can explain what will happen at each step and help you prepare so you feel more comfortable speaking with the judge.
Can We Use Mediation to Resolve Our Divorce?
Mediation is an option in many California divorces, particularly when both spouses are willing to communicate and work toward compromise. A neutral mediator helps you explore solutions for parenting plans, support, and division of assets, which can reduce stress and give you more control over the outcome. If mediation is appropriate for your situation, we can discuss how it fits within the court process in Los Angeles County and what preparation will help you make the most of your sessions.
- Settlement or Trial: Many divorces settle before going to trial. If both parties can reach an agreement, the terms are submitted to the court for approval. If an agreement cannot be reached, the case may go to trial, where a judge will make final decisions.
- Final Judgment: Once all issues are resolved, a final judgment is issued, formally ending the marriage. This document will outline custody arrangements, property division, and any spousal support obligations.
How Our Palmdale Divorce Attorney Can Help You
With more than two decades of experience, we are confident in our ability to help you through your case. Attorney Bigler has handled thousands of divorce cases, including contested hearings and trials.
Our Palmdale divorce lawyer also remains up to date on all of the changes in legislation related to family law in California.
For clients in the Palmdale area, this experience translates into practical guidance about how local judges tend to approach parenting plans, support, and property division. We can help you prepare for mediation, organize your documents before a court date, and understand the possible range of outcomes so you are not surprised by the process. Throughout your case, you will have access to our attorney to ask questions and receive explanations in plain language.
Contact us online or call at (661) 368-1181 today for guidance through your divorce case.
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Thanks to his strategic thinking and tenacious advocacy, the outcome of my case was highly favorable, and I am immensely grateful for his outstanding service.- T. Tapia -
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They knew exactly how to prioritize their work at the office to make sure this was taken care of with the courthouse that morning.- A. Raper -
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Not only was he incredibly thorough in his work and a great advocate to have in the courtroom, but he also made sure to keep me informed throughout the entire process.- T. Stern
Commonly Asked Questions
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What is a first right of refusal?
A first right of refusal in a family law context is the opportunity to care for your children when your ex is unavailable to care for them. Family code section 3040(a)(1) sets out the 'priorities' when a Court makes a custody order. The family code states that if both parents are adequate parents the court must order custody to both of them. The Court is forbidden from awarding custody to a third party in this circumstance.
It is this 'parents get priority' policy that drives a first right of refusal order. The idea that if you are unable to care for your child due to work or other responsibilities, then you must offer the child to the other parent first before handing the child over to a third party for child care.
The court typically sets a time limit (I recommend 6 hours or more) that you can be away from your children before having to offer the other party the opportunity to care for them. This is not a mandatory provision. The Court has the discretion to make this order only in appropriate circumstances.
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Who can receive visitation rights?Visitation is ordered when it is the best interest of the child in California. Supervised visitation is imposed when one parent is abusive or neglectful to the children. Visitation can often be supervised by an agreed upon family member or a professional monitor if the parties cannot agree.
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Who can receive spousal support?
Spousal support, formerly known as alimony, is a set amount of money that is paid by one spouse to another in the case of divorce or a legal separation. Whether you are the husband or the wife, you can apply for spousal support, depending on certain factors. The purpose of alimony is to even out the financial futures of each party. We can fight for your right to spousal support or against the other party's request for spousal support.
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What if I was married in another state but I want to file for divorce in California?If you and your spouse were married in another state, you can file for divorce in California. The only requirement is that either you or your spouse must have lived in the state for six months and in the United States for three months.