PASADENA DIVORCE ATTORNEY
Going through a divorce can be a stressful and scary process. Most people think of divorce and envision judges, court dates, lawyers, paperwork, and expensive fees. The good news is there is no “one size fits all” when getting a divorce. While some couples feel betrayed, angry, and hurt, leading to a breakdown in communication, other couples can agree on every decision affecting the end of the marriage, like child custody, support, and dividing assets. Most couples, however, find themselves somewhere in between. An experienced Pasadena family law attorney can help you understand how these issues fit into the larger divorce process.
Thankfully, there are several paths a divorcing couple can take to terminate their marital status in California with the assistance of a dedicated Pasadena divorce lawyer: (1) Divorce mediation, (2) Collaborative divorce, and (3) Divorce litigation. Each of these processes is discussed below.
The mediation process provides a more peaceful alternative to fighting about your personal issues in court. Read more to see if divorce mediation is right for you.
Collaboration brings attorneys, mental health professionals & accountants together to resolve family issues without going to court. Read more to see if a Collaborative Divorce is right for you.
Litigation in the divorce process involves submitting issues to family court in order to resolve them with the assistance of a judge, if both parties cannot reach an agreement in other ways. Read more to see if Divorce Litigation will be needed.
Getting to a Final Judgment in Your Pasadena Divorce
California is a “no fault” divorce state. That means that if you have “irreconcilable differences,” you can get a divorce. You do not have to give the court any other reason. Your partner does not have to agree to the divorce. If one spouse wants a divorce and takes the necessary steps to file and move the divorce along, a court will terminate their marital status.
To file for divorce in the state of California, a party must have lived in California for at least six months and lived in the county where they plan to file for at least three months before filing the Petition for Dissolution of Marriage.
Filing the petition is only the first step. Under Family Code Section 2339, no divorce becomes final until at least six months have passed from the date the other spouse is served with the petition, or the date the other spouse first appears in the case, whichever happens first. This waiting period applies even when both spouses agree on everything, so the fastest an uncontested California divorce can be finalized is six months and one day after service.
A Judgment of Dissolution of Marriage (or Judgment for short) is the legal document that ends a marriage. In California, a divorce becomes final when a judge signs the Judgment and a Notice of Entry of Judgment is entered in the court records. The Judgment usually includes a written contract or agreement that resolves:
- Child custody, parenting time, and agreements related to the children;
- Child support obligations;
- Spousal or partner support;
- The division of property; and
- Payment of debts.
California is a community property state. Under Family Code Section 760, most income, real estate, retirement benefits, and debts either spouse acquires during the marriage are presumed to belong equally to both spouses, no matter whose name is on the account or title. Property owned before the marriage, or received afterward as a gift or inheritance, is generally treated as that spouse’s separate property instead. Community property is normally divided equally as part of the Judgment, though mediation, collaboration, and litigation differ in how a couple gets there.
Mediation, Collaboration, and Litigation are all processes used by parties to resolve these issues. Agreements obtained through the settlement process or court orders issued by a judge in litigation become part of the final judgment of divorce. No matter which process you use to resolve your issues, a divorce only becomes final when it is signed by a judge and entered into the court records. The process you select to take you through your divorce to obtain that final judgment will determine how long your divorce will take to complete and the stress level you will encounter along the way.
Where Pasadena Divorce Cases Are Heard
Divorce cases filed by Pasadena residents are heard at the Los Angeles Superior Court’s Pasadena Courthouse, located at 300 East Walnut Street and operating as part of the court’s Northeast District. This courthouse also serves Altadena, Arcadia, Monrovia, and Sierra Madre.
If you cannot afford an attorney, the California Courts Self-Help Guide walks through each stage of a divorce case online, and the courthouse’s Family Law Facilitator and Self-Help Legal Access Center offer free, in-person assistance with forms and procedures for people representing themselves. Neither office can act as your attorney, give you legal advice about your specific case, or appear in court on your behalf.
What is Divorce Mediation?
Parties who are empowered to control the process of their divorce through cooperation and good communication experience more satisfactory outcomes as they end their marriages. Divorce mediation is a way to resolve property or custody disputes outside a courtroom setting. In mediation, the only people who have decision-making power are the people involved in the dispute. This is different from litigation, where a judge makes the decisions.
In divorce mediation with an experienced Pasadena attorney, the mediator helps each person understand the other side’s interests by facilitating discussions between the couple. Mediators are professionals who have training in dispute resolution. In family law matters, mediators are often lawyers with many years of experience in family law litigation. These attorney-mediators have a deep understanding of the stress and strain litigation imposes on divorcing couples. Using their knowledge of the court system and family law, they help couples discuss important issues such as child custody, support, and the division of property and reach agreements.
Divorce mediation usually takes less time than going through the litigation process. If the parties reach a settlement, they are encouraged to meet with a consulting attorney to review the agreement reached during mediation before signing it. Once both parties approve the final agreement, it is included in the Judgment of Dissolution of Marriage and sent to the court for filing.
What is a Collaborative Divorce?
Sometimes, divorce mediation or collaboration may not be options. Perhaps one partner is being pushed, threatened, or bullied into reaching an agreement. Or perhaps the parties simply cannot agree on major issues. In these cases, a judge is needed to decide custody and visitation issues, child support, spousal support, the division of property, and any other outstanding issues that pertain to the couple.
Although an experienced Pasadena divorce litigation attorney is not required to go to court, it is extremely helpful to have your own advocate when involved in a litigated family law proceeding. Since litigation is usually contentious, you have an advantage when represented by a lawyer who understands your legal rights and how to fight for them. A good legal advocate tells your story to the court so the judge understands your side of the case.
One of the most important differences between mediation, collaboration, and litigation is the amount of stress involved. Litigation is based on an adversarial system that often pits spouses against each other and leaves them with no option but to fight for everything on the table. It may leave each spouse feeling helpless and dissatisfied, especially if they do not agree with the judge’s decision. While there are times when litigation is necessary, the long-term benefits of using mediation and collaboration can be well worth considering.
Pasadena Superior Court uses volunteer attorney settlement programs, staffed by experienced family law attorneys, to meet with both spouses before trial and try to narrow or resolve the issues in a case. This program is available to litigants at the Pasadena Courthouse regardless of which attorney represents them, and it often shortens the path to a final Judgment even in a contested case.
What is Litigation?
FAQs About Pasadena, CA Divorce Law
Do I have to prove my spouse did something wrong to get a divorce in California?
No. California is a no-fault state, so stating that you and your spouse have irreconcilable differences is enough to move forward. Neither spouse has to prove wrongdoing or fault.
How long does a divorce take in Pasadena?
Every California divorce takes at least six months from the date the other spouse is served or first appears in the case, whichever happens first, because of the mandatory waiting period described above. Litigated cases often take much longer, while cases resolved through mediation or collaboration may finalize closer to that six-month mark.
Can I get divorced if my spouse refuses to participate?
Yes. If your spouse is properly served and does not respond, the court may enter a default judgment as long as the residency, notice, disclosure, and other legal requirements are satisfied. The requested terms must still comply with California law and be supported by the information submitted to the court.
How much does it cost to file for divorce in Los Angeles County?
The standard filing fee for a Petition for Dissolution of Marriage is generally $435 under California Government Code section 70670. A fee waiver may be available if you qualify based on your financial circumstances.
Is property always split 50/50 in a California divorce?
Property and debts acquired during the marriage are generally presumed to be community property and divided equally. Property either spouse owned before the marriage, or received individually as a gift or inheritance, is usually treated as separate property. The classification and division of particular assets can depend on their source, use, and supporting records.
Can I switch from mediation to litigation if it is not working?
Yes. If mediation reaches an impasse, either spouse can ask the court to resolve the remaining issues through litigation. Agreements already reached may be preserved if they were properly documented and accepted by both parties. In a collaborative divorce, however, the collaborative attorneys generally must withdraw if the process ends and the case proceeds to litigation.
Do I need my own lawyer if my spouse and I agree on everything?
You are not required to hire a lawyer, but a consulting attorney can review your agreement before you sign it to help make sure your rights and long-term interests are protected.
What is the difference between legal separation and divorce?
A legal separation can resolve many of the same issues as a divorce, including custody, support, and property division, but it does not end the marriage itself. Neither spouse is free to remarry while legally separated. Some couples consider legal separation for personal, religious, financial, insurance, or immigration-related reasons, although its effects should be evaluated carefully.
Do I have to go to court if I choose mediation or collaboration?
Usually not for contested hearings. Mediation and collaboration are designed to help couples resolve their issues outside the courtroom, although the required documents must still be filed and a judge must sign the final Judgment before the divorce is complete.
Where do I file for divorce if I live in Pasadena?
Pasadena divorce cases are generally filed and heard through the Los Angeles Superior Court’s Pasadena Courthouse on East Walnut Street, as described in more detail above. The correct filing location can depend on the applicable residency and venue requirements.
What happens to child custody and support during the divorce process?
Custody, visitation, and child support can be addressed as part of the divorce case. Parents may reach agreements through mediation or collaboration, while unresolved issues can be decided by a judge through litigation. Any parenting or support terms must be included in an enforceable agreement or court order.
An Experienced Pasadena Divorce Attorney by Your Side
If you are considering a divorce from your spouse, experienced family law attorney Patricia A. Rigdon can help. Patricia practices entirely in the area of family law. She works with divorcing couples to resolve their divorce, paternity, and family conflicts through litigation, mediation, and collaborative family law. Patricia is a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialization. She has served as a settlement officer for the Pasadena Superior Court since 2010.
To set up a consultation, call our office today. CALL 626-405-0006