We understand that every divorce or child custody dispute can be emotionally and financially draining. Therefore, we do everything possible to reduce the stress and burdens on you. We understand that most clients have limited amounts of money and energy to spend on the process.
We have the resources and experience to help protect your rights and property during a difficult transition. We practice in all courts in Southern California including Los Angeles, Orange, Ventura, San Bernardino, Santa Barbara counties.
We can help you to achieve excellent results in the following areas of:
DIVORCE AND FAMILY LAW:
• divorce
• legal separation
• annulments
• domestic violence and other restraining orders
• child custody and visitation
• child support
• spousal support
• prenuptial and post-nuptial agreements
• domestic partnerships
Frequently asked questions:
Q. How do I start the process of divorce?
A. In California, you must file a petition for dissolution of marriage. This is a legal document that is submitted to the proper Court.
Q. Do I need a lawyer to get a divorce?
A. You do not need a lawyer to file for divorce. However, we strongly recommend that you have an experienced lawyer help you with the preparation and filing of all legal papers, especially if there is significant money or property involved, there are children involved, or if there are other complicating issues. Anyone can be their own lawyer in a divorce or child custody case, but that does not mean that everyone should be their own lawyer. Just because you can do the job yourself does not mean you will do a good job
Q. If I hire a lawyer, how much will it cost me?
A. That depends on the complexity of the divorce, the issues to be resolved, if there are any children involved, and how the parties generally get along with each other. The more you and your spouse agree on divorce and child custody issues, generally the cheaper (and more pleasant) the process will be. In divorce it really pays to get along.
Q. Do I need the consent or permission of my spouse in order to get a divorce?
A. No.
Q. Can I get a divorce in California if my spouse lives in another state?
A. Yes, if either you or your spouse meets California's residency requirements. At least one of the parties must be a "resident" of California for six months and of the county where the proceeding is filed for three months immediately preceding the filing of the petition for dissolution. (see Fam. Code § 2320).
Q. Does California have "common law marriage".
A. No, California law does not recognize the concept of "common law marriage" for a marriage created or formed in California. "Common law marriage" is a term frequently used to describe a marriage created solely by the parties' consent or mere cohabitation. Common law marriages are recognized and valid in some states. However, if your marriage is a valid common law marriage created in another state that recognizes "common law marriage", California law will recognize your marriage as valid. Confused yet?
Q. What is the difference between an annulment and a divorce?
A. In a divorce, the parties dissolve a valid marriage. In an annulment, one or both parties claim that there was never a valid marriage to begin with. Subject to some exceptions, if the marriage is invalid to begin with, there is no community property and a court cannot award spousal support. However, even when a marriage is void or annulled, a court can still order the payment of child support for the children born out of the void marriage.
Q. Do I need a certain reason or proof in order to get a divorce, like evidence that my spouse was cheating on me?
A. No. California, like many states, is a "no-fault" divorce state. This means that the law does not try to assign blame or fault to a particular party for getting or causing the divorce. Most people simply list the cause of the divorce as "irreconcilable differences". The specific reasons for the divorce are generally irrelevant to the divorce proceedings. The only thing relevant is whether the marriage is "irretrievably broken" and whether there is no reasonable possibility of reconciliation.
Q. Is there any way I can shield or protect my personal assets before getting married?
A. Yes. You and your partner can enter into a "prenuptial" or "pre-marital agreement" before marriage in which you can designate what property will or will not be subject to division in the event of divorce. Parties can also limit the amount of spousal support that will be paid in the event of a divorce.
Q. Are prenuptial agreements enforceable?
A. Yes, if the parties carefully follow California law in drafting and execution of the agreement. Parties to a prenuptial agreement should never prepare or execute one without competent legal counsel. Call us today if you want more information about prenuptial agreements.
Child support and spousal support:
Most clients want to know the amounts of child or spousal support he or she will pay or receive. These amounts depend on numerous factors including the relative incomes of the parties, the financial assets and debts, the number of children and other dependents, the length of the marriage and the general lifestyle enjoyed during the marriage.
Because there are so many variables in calculating any support amounts, it is necessary for the client to meet with Christopher Ghahreman or his staff and discuss all relevant factors before we can formulate a specific support estimate or advice.
A note about actual case results:
Because of the intensely personal, private and complex nature of divorce and child custody proceedings, we do not list descriptions of individual cases--even by anonymous identifiers.
California Summary Divorce
If you have decided that it is time to start a new chapter in your life, you may be eligible for a California "summary dissolution".
What are the advantages of summary dissolution as opposed to a regular dissolution/divorce?
Summary dissolution is a relatively straight-forward, uncomplicated and inexpensive way of dissolving a marriage. This procedure is less expensive and time-consuming than a regular divorce because no formal court hearings or appearances are required. A the marriage is dissolved and a judgment of divorce may be entered within six (6) months after filing a joint petition.
To qualify for this all of the following must apply to you:
1. Residency: you must be a resident of the state for at least six (6) months and of the county where the your petition is filed for at least three (3) months.
2. Divorce because of "irreconcilable differences": the grounds for your divorce/dissolution must be irreconcilable differences that have caused the complete breakdown of the marriage and the marriage should be dissolved.
3. No Children: there are no children from the parties' relationship born before or during their marriage or adopted during their marriage; and the wife, to her knowledge, is not pregnant.
4. Maximum five-year marriage: you have not been married for more than five (5) years at the time the petition is filed.
5. No real property interests other than short-term residence lease: neither party has any interest in real property (in any location), with the exception of a lease of a residence occupied by either party in certain circumstances.
6. Maximum marital debts: there are no debts in excess of $4,000 incurred by either or both parties during the marriage, excluding automobile purchase balances. The $4,000 limit is subject to periodic adjustment in accordance with the percentage change in the California Consumer Price Index. (See Fam. Code § 2400(b)).
7. Maximum community and separate property assets: the total fair market value of community property assets--including deferred compensation and retirement plans, but excluding all encumbrances and automobiles--is less than $32,000; and neither party has separate property assets (excluding encumbrances and automobiles) in excess of $32,000. This amount is subject to periodic adjustment in accordance with the percentage change in the California Consumer Price Index. (See Fam. Code § 2400(b)).
8. The parties have executed: (1) an agreement dividing their community assets and debts, and (2) any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate their property settlement agreement.
9. Support waivers: both husband and wife waive any rights to spousal support.
10. Appeal and new trial waivers: each party, upon entry of judgment of dissolution, waives rights to appeal and to move for a new trial.
11. Informed participation in summary dissolution: the parties must read and understand the "Judicial Council Summary Dissolution Information" booklet.
IF YOU WANT OR NEED LEGAL ADVICE, PLEASE CALL THE LAW OFFICES OF K. CHRISTOPHER GHAHREMAN IMMEDIATELY AT (310) 356-4671.
THE ABOVE IS FOR ADVERTISING AND INFORMATIONAL PURPOSES ONLY. THIS WEBSITE DOES NOT GIVE LEGAL ADVICE. VISITORS TO THIS WEBSITE ARE STONGLY ADVISED TO (AND SHOULD) CONSULT WITH A LICENSED ATTORNEY BEFORE MAKING ANY DECISION THAT IN ANY WAY COULD AFFECT THEIR RIGHTS. Visitors to this website are not clients of the Law Offices of K. Christopher Ghahreman or K. Christopher Ghahreman until Mr. Ghahreman and the individual expressly agree that Mr. Ghahreman will represent or provide services to said individual. The information provided in this website (other than e-mailed contact information or inquiries) does not constitute attorney-client communications. Visitors to this website use the information contained herein at their own risk. The Law Offices of K. Christopher Ghahreman and/or K. Christopher Ghahreman are not liable or responsible for the any website visitor's use of the information contained anywhere in this website.
Nothing stated above or anywhere else in this website is a guarantee or warranty of the outcome of any case. Please realize that every case is different and that results can and do vary with the facts and dynamics of each case. While Mr. Ghahreman is an outstanding and experienced lawyer, he cannot control all the variables that affect or influence any particular case.
