Wilkinson & Finkbeiner, LLP
The law firm of Wilkinson and Finkbeiner opened in 2005 and we have practiced exclusively family law since that time. Our attorneys are skilled negotiators, litigators and creative problem solvers to position our clients for success in their family law and divorce matter. We have offices in Los Angeles, San Diego, and Irvine.
Types Of Divorce In Los Angeles
There are several ways to obtain a divorce, also called Dissolution of Marriage, in Los Angeles. There is a “summary dissolution” procedure in which parties married for 5 years or less can obtain a divorce, so long as they do not have real property, children, and they meet certain other criteria. There are default cases where the responding party does not file a response to the Petition for Dissolution of Marriage. There is an “uncontested” dissolution action, wherein the parties reach an agreement, and they execute a “Marital Settlement Agreement” or similar stipulation to resolve all issues in their case. And there are contested actions where the court makes orders at trial on all disputed issues.
Our firm has experience in handling all types of divorce cases, from “simple” no-asset dissolution of marriage cases to extremely complex high-asset cases, and cases involving complex custody and support matters.
In every case, we strive to reach a favorable conclusion based on our client’s goals and do so in the most economically manner possible. Click here for our divorce guide.
Legal Separation In Los Angeles
You do not have to file any documents to be “separated” in California, although it might be advisable. There is a term called “date of separation” that is used in Los Angeles divorce cases, which means that spouses are treated as separated once they intend to live forever apart and evidence that intent. Spouses are entitled to file a “Legal Separation” petition if they do not want to a divorce but would like the Los Angeles Family Court to enter spousal support (alimony) orders, child custody orders, divide property, and so forth.
Mediation In Los Angeles Divorce Cases
Our family law attorneys have significant experience in mediating family law cases and providing consulting services for parties involved in family law mediation with an outside mediator. Mediation is a valuable tool to help resolve a family law matter without the need for long and drawn-out litigation. We have helped many spouses resolve their case through mediation, even when the parties may not get along.
Mediation Process and Benefits
Our Los Angeles family law attorneys and support staff are committed to our clients and their needs.
When issues of child custody arise, our firm expertly steps in to provide our clients with sound advice and support. We are experienced in a wide range of child custody issues that may arise in a Los Angeles divorce, legal separation, paternity action, stepparent adoption case, or other family law case where custody may be at issue. There are different kinds of child custody and visitation issues that may be addressed in Los Angeles family law cases, including legal custody, physical custody, and setting up a parenting plan that is in the best interest of the child. In addition to determining each parent’s role in decision-making and caring for the child, the parenting plan may also address such issues as holidays and vacations, communication between the parent and child, communication between the parents, enrollment in extracurricular activities, therapy, and prohibitions on substance.
We have also handled many “move away” cases, which occur when one parent wishes to move a substantial distance with a child and away from the other parent. These cases are inherently difficult, but we have successfully represented parents wishing to move and parents wishing to oppose an intended move.
Child support for Los Angeles family court cases is calculated by taking into consideration many factors including each parent’s income or ability to earn, deductions, and time that the parent spends with their child (called a “timeshare”), among other factors. Sometimes, child support is relatively simple to calculate. Other times, the input factors used to determine child support are not easy to determine or agreeable between parties. In those situations, a Los Angeles Family Court judge needs to make findings and enter an order for support. For example, in cases where one parent is self-employed, there might be significant differences of opinion as to what deductions should be allowed in order to calculate the actual income of the parent. As another example, where a parent is unemployed or underemployed, the parties may disagree that income should be “imputed” to that parent for purposes of calculating child support.
When parties are married and then separate, the issue of spousal support, maintenance or alimony may arise. These terms are synonymous and simply stand for the proposition that one spouse would pay some money on a monthly basis to his or her spouse in order for that spouse to meet their needs. This issue is often heavily contested as the recipient spouse usually wants as much money as possible, and the spouse required to pay wants to pay as little as possible.
We’ve been through every situation imaginable and we will guide you through the process. In cases where parties to a divorce have significant assets, special care should be taken to ensure the case is properly handled. In these matters, called “high asset divorce” cases, there may be significant financial ramifications if the matter is improperly handled. For example, there is an art to developing a discovery plan that maximizes the information to be obtained through the use of appropriate discovery mechanisms (such as depositions, subpoenas, written discovery, and so forth). If discovery is not conducted or improperly conducted from the outset, a party might be significantly disempowered to obtain the information they need later on. Many high asset divorce cases in Los Angeles require significant pre-litigation strategy and planning and may need the assistance of forensic experts.
Our law firm has secured and defended domestic violence restraining orders for many years. Our attorneys have significant experience reaching agreements in domestic violence cases, when appropriate, and litigating domestic violence matters in hearings at family court. The Domestic Violence Prevention Act comprise the statutes that govern the court’s issuance of restraining orders.
The information on this site is not intended as legal advice. You should consult with an attorney if you have specific legal questions. Likewise, the information on this website does not establish an attorney-client relationship with any person.
