Best Divorce & Separation Lawyers in Cerritos

About Divorce & Separation Law in Cerritos, United States

Divorce and separation laws in Cerritos, California, are governed by state statutes and local court procedures. Cerritos is located in Los Angeles County, which means that family law cases are generally handled in the Los Angeles County Superior Court. Divorce, also called "dissolution of marriage," is the legal process of ending a marriage, while separation can be either a formal process involving court orders or an informal one without court intervention. Both processes can address complex issues such as property division, child custody, child and spousal support, and more. California is a "no-fault" divorce state, meaning neither spouse has to prove wrongdoing to file for divorce.

Why You May Need a Lawyer

The process of divorce or legal separation can be emotionally taxing and legally complicated. Here are common situations in which working with a lawyer is beneficial:

• Disagreements about child custody, visitation, or support
• Significant marital property or joint debts to divide
• Spousal support (alimony) disputes
• Concerns about domestic violence or the need for restraining orders
• One spouse is hiding assets or being uncooperative
• Unclear or contested prenuptial or postnuptial agreements
• Complex business or financial interests involved
• Same-sex marriage or parentage considerations
• Questions about legal rights and responsibilities

In any situation where the legal stakes are high or where emotions run deep, having a knowledgeable attorney in Cerritos can ensure your rights are protected and the process moves as smoothly as possible.

Local Laws Overview

Cerritos follows California state family laws, but local court practices in Los Angeles County can also influence your case. Here are several key aspects:

• No-fault Divorce: Neither spouse needs to prove fault. Irreconcilable differences are usually cited as grounds.
• Residency Requirements: At least one spouse must have lived in California for six months and in Los Angeles County for three months before filing.
• Property Division: California is a community property state. Marital assets and debts are generally split equally unless there is a valid agreement stating otherwise.
• Child Custody: Courts decide custody based on the best interests of the child. Both legal and physical custody may be shared or awarded to one parent.
• Child and Spousal Support: Courts follow state guidelines to determine payments, taking into account income, expenses, needs, and abilities to pay.
• Mandatory Disclosure: Both spouses must fully disclose assets, debts, and sources of income early in the process.
• Filing Process: Most divorce and separation cases in Cerritos are filed and processed at Los Angeles County family law courthouses, with self-help centers and local forms available.

Frequently Asked Questions

How long does it take to get a divorce in Cerritos?

In California, there is a mandatory six-month waiting period from the time the respondent is served with papers before a divorce can be finalized. Contested cases or those with complicated issues may take longer.

What is the difference between legal separation and divorce?

Legal separation allows spouses to live apart and separate their finances without ending the marriage. A divorce ends the marriage completely. Both can address similar issues like property division and child custody.

Do I need to prove my spouse did something wrong to get divorced?

No, California is a no-fault state. You do not need to show that your spouse engaged in misconduct.

How does the court divide property and debts?

Assets and debts acquired during marriage are usually considered community property and are divided equally unless you have a valid prenuptial or postnuptial agreement stating otherwise.

Can we agree on everything and avoid going to court?

Yes, if you and your spouse agree on all key issues, you can present a written agreement, or "marital settlement agreement," to the court for approval, often avoiding a trial.

How is child custody determined?

California courts base their decisions on the best interests of the child, considering factors like the child’s health, safety, and welfare, each parent's involvement, and any history of abuse.

What if my spouse and I cannot afford separate lawyers?

Self-help centers at courthouses offer free assistance, and legal aid organizations may be able to help. In some cases, a judge can order one spouse to contribute to the other's legal fees.

Can I file for divorce in Cerritos if I just moved to California?

At least one spouse must have lived in California for six months and in Los Angeles County for three months before filing for divorce. Otherwise, you may be eligible for a legal separation first.

What is the role of mediation in divorce cases?

Mediation is a voluntary process where a neutral professional helps both spouses reach agreements. Many courts provide mediation services, especially for child custody and parenting disputes.

Are court records for divorce and separation cases public?

Most court filings are public, but sensitive information like social security numbers and certain financial records are kept confidential. Some documents may be sealed by the court.

Additional Resources

If you need more help or information, consider these local and state resources:

• Los Angeles County Superior Court Family Law Division - provides forms, filing information, and self-help resources
• Los Angeles County Self-Help Centers - free assistance with family law paperwork and guidance
• California Courts - Judicial Branch - comprehensive statewide resources about divorce, custody, and support
• California Department of Child Support Services - helps with establishing and enforcing child support orders
• Local legal aid organizations - some offer free or sliding-scale help for those who qualify
• State Bar of California - offers lawyer referral services

Next Steps

If you are considering divorce or legal separation in Cerritos, follow these steps to protect your interests:

1. Gather financial and personal documents, including records of income, property, debts, and any prenuptial or postnuptial agreements.
2. Consider your goals for child custody, support, and property division.
3. Consult with a qualified family law attorney experienced in Cerritos divorce and separation matters as early as possible.
4. Visit your local self-help center if you cannot afford a lawyer or need help understanding the process.
5. Follow court instructions carefully and meet all deadlines for filing documents and attending hearings.

Remember, every divorce or separation is unique. Professional guidance can help you achieve the best possible outcome while reducing stress and uncertainty throughout the process.