California Divorce Attorneys Serving the Greater Los Angeles Area
When you and your spouse have irreconcilable differences, you may find yourselves at an impasse where your only option is divorce. While you were married, you shared a home together, furnished and decorated that home, shared joint accounts, co-signed loans for each other, and had children together. Divorce requires you to untangle your married life, which can be an incredibly difficult and complex action.
You may find yourself wondering what your rights are and how to protect those rights in the divorce process. An experienced divorce attorney like Kourosh Pourmorady can educate you on your rights and assist you with fighting for them in court. After 47 years, our divorce attorneys have learned that taking a customized and personalized approach to each divorce case allows us to fully understand our clients and their goals. We pledge to provide you with superior service and unrivaled representation. Our attorneys have a reputation for dedication and success. For a free initial consultation, contact The Law Offices of Kourosh Pourmorady immediately at (866) 666-6529.
Assets and Divorce
When you are married, your property is jointly owned between you and your spouse. It becomes known as marital property. This means that you and your spouse both own a 50% interest in the property. If you have a joint bank account with $2,000 in it, though you may not keep track of who spends what, you both legally each have a $1,000 ownership interest in the bank account.
When you file for divorce, marital property division becomes difficult. While some marital property can be easily divided in half, such as a bank account balance, other property cannot. For example, a home that was purchased by the couple during the marriage is jointly owned by the spouses. However, a house cannot be cut in half and neatly delivered to each spouse. It is unlikely that the spouses will be interested in continuing to live in and share the house in order to each enjoy their 50% ownership interest. Therefore, the court must find ways to divide or distribute assets that cannot easily be split in half. The house, for instance, may be sold, and the proceeds may be split 50/50.
In addition, the ownership status of some assets may be murky. While a house jointly purchased during marriage is clearly marital property and thus subject to division during the divorce, property acquired by each spouse prior to the marriage may not be marital property. For instance, assets inherited prior to the wedding does not become joint property upon marriage unless otherwise specified in an agreement.
Divorce Process in California
When you are ready to file for divorce, you will draft and sign a petition. This petition must be filed with the court, and filing fees must be paid. A copy of the petition must be served on your spouse, and you are responsible for ensuring and proving service. When your spouse has been served, the clock starts to run, and your spouse is given a limited amount of time to respond to your divorce complaint.
After the court is in possession of the petition and answer, a hearing will be scheduled. If your divorce is uncontested and both parties consent to the divorce, the divorce can usually be granted at the first and only hearing.
If any issue in the divorce is contested, however, it is placed on a contested divorce calendar. The parties are then tasked with resolving these issues on their own or facing the decision of the judge regarding the contested issues. The judge may order forensic accounting, witness testimony, documentation regarding value, or mediation.
Your assets must be divided up and distributed and all child custody, visitation, and support issues must be decided before the judge will grant the divorce. Thus, in extremely complicated divorce cases, it may be a very long time until you can say you are legally divorced.
Aggressive yet Compassionate Divorce Attorneys on Your Side
After 47 years of combined experience representing divorce clients in Los Angeles, we have learned that the best way to approach divorce cases is to provide clients with respect, freedom, and flexibility. Our role is to help you pursue your goals, and we will empower you with the tools you need to fight for your rights in family court. The Law Offices of Kourosh Pourmorady is passionate about representing vulnerable communities in Los Angeles, such as minority and lower income populations, and we believe in dedicated and comprehensive representation regardless of your case size or financial situation. For a free divorce consultation, call The Law Offices of Kourosh Pourmorady at (866) 666-6529.