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How Long Does a Divorce Take If One Party Doesn’t Agree? (+Tips)

The ideal outcome of any divorce would obviously be both parties seeing eye to eye on every issue. If a couple can reach an agreement about terms, division of assets, custody, and other matters before the divorce goes to court, then it is a relatively easy situation known as “uncontested divorce.”

However, this is the exception and not the rule. In a “contested divorce,” either the couple cannot agree on the terms, or one party does not want a divorce in the first place. This can complicate matters immensely and draw out the divorce process, causing increased emotional and financial strain.

A contested divorce be made far less painful with the right legal counsel. Here at Holstrom, Block & Parke, APLC, we have the experience and knowledge to help you get through these trying times as quickly as possible while still retaining the best outcome.

Divorce is an uncertain time, no matter your circumstances. If you’re looking for guidance on how long a contested divorce is likely to take in California or even nationwide, let’s go ahead and get straight into it.

Factors Affecting the Duration of a Contested Divorce

By its very nature, a contested divorce is almost always going to take longer than an uncontested divorce. It is impossible to estimate the timing of a contested divorce as each one is a highly unique situation.

However, several factors can help you predict the duration of the proceedings.

State Laws and Procedures

Divorce laws differ in every state and sometimes even by county. While we are well versed in general divorce law, it’s important to note that our expertise is in Californian procedure, so the law may differ slightly if you or your spouse reside out of state.

In general, it takes at least six months to get a divorce in California, even if it is uncontested, due to a required 6-month waiting period. Nationwide, contested divorces take at least several months to over a year to get finalized.

Complexity of the Case

The main factor affecting the length of a divorce is the case's complexity. There are many factors to consider, but the main ones are:

  • Division of assets and debts (any high-value assets, shared properties, businesses, etc.)
  • Child custody and support arrangements
  • Spousal support (alimony)
  • Existence of prenuptial or postnuptial agreements

Any or a combination of these factors will add time to the divorce proceedings, especially in a contested divorce.

Level of Cooperation Between Spouses

A contested divorce comes baout due to lack of cooperation and agreement between spouses. The level of willingness to compromise and negotiate amicably has a major effect on the length of the proceedings.

In the case of a contested divorce, it is recommended to seek alternative dispute resolution methods, such as mediation or collaborative divorce. These tools can help ease and quicken a contentious divorce.

The higher the conflict level and the more intricate the litigation, the longer the divorce proceedings go. In turn, longer time periods lead to higher bills and stress levels for everyone involved.

Court Backlogs and Scheduling

The court system's ability to process your filing will also affect your timeline. While California has a mandatory six-month wait period, a backlog in the state court system may also affect the length of proceedings.

This can be exacerbated by the availability of court dates for hearings and trials and how this aligns with your and your spouse's schedules. Missed court dates can greatly delay proceedings.

The speed is also impacted by your particular judge's caseload and efficiency.

However, as divorces are generally processed in the county they are filed in, there is little point in shopping around for judges, so expect some variance based on your judge and location.

Stages of a Contested Divorce

So, what actually happens during a contested divorce? While it varies on an individual basis, here’s what you can roughly expect.

Filing and Serving the Divorce Papers

If you’re the one initiating the divorce, you will have to be the one to file the divorce papers. This generally can be done almost immediately and costs $435 to $450 to file. You can apply for a fee waiver if you qualify financially.

Once you’ve filed, you will need to serve your spouse with the divorce papers.

An adult who is uninvolved in the case is required to act as a server. This can be an acquaintance, the county sheriff, or a professional server.

They will present your spouse with a copy of the forms you have filed and a blank response form.

The served party then has thirty days to respond. If they do not do so within the designated time period, your case will move forward without their response.

Temporary Orders

When filing or soon afterward, you can request temporary orders before the divorce is finalized.

These include things such as custody, residence, or spousal support arrangements for the intermediary period.

Discovery

You and your lawyer will then work together to gather all of the necessary information for the divorce. This includes (frankly) a great deal of paperwork, including financial records, property deeds, and any other relevant information.

As California is a no-fault divorce state, you will not need to provide evidence of any wrongdoing of your spouse's fault unless it is criminal (theft, coercion, abuse, etc.)

Negotiations and Mediation

There will then be communication between you and your spouse, or more likely, your respective legal representatives, to attempt to reach a compromise.

You will need to reach an agreement on the division of assets, custody, alimony, and other matters.

Trial

The case will go to trial if an agreement cannot be reached. Both parties will present their requests and evidence, and a judge will decide upon the final agreement.

Final Judgment

Once a judgment has been passed, it is legally binding. If you are unhappy with the verdict, it is possible to appeal.

You can appeal after a certain time period, depending on the matter at hand. It is important to consult with your legal aid for guidance if you do wish to appeal.

Potential Timeline

It is difficult to estimate your divorce timeline accurately, as it varies so much on a case-by-case basis. However, here is a rough guide on what you should expect:

California

According to a 2019 survey conducted by Martindale-Nolo Research,  contested divorces take at least 18 months to finalize in California.

The state does have a mandatory six-month wait period before any divorce can be finalized, but this is an optimistic goal considering the usual complexity of each case as well as the judiciary wait times.

Nationwide

The average time for a contested divorce is similar across the country. However, it could be worse! In Arkansas, a mandatory 540-day waiting period for divorce is in place, and getting a no-fault divorce is very difficult!

In general, complicated custody arrangements, shared properties, businesses, and intertwined finances will lengthen the divorce proceedings no matter where you are.

Tips to Potentially Speed Up Your Contested Divorce

It’s natural to want your divorce to be finalized as quickly as possible, as it is often one of the worst times in your life.

While it’s important to be meticulous, you can still take many steps to hasten your divorce process while still doing things the right way.

Early Negotiation

Keep talking if you can! Encouraging open communication and settlement discussions early in the process is one of the best ways to keep things flowing smoothly and faster throughout.

Mediation Focus

Divorce can be an extremely painful time, and it’s unfortunately common for spouses to want to hurt one another throughout the process.

While this might feel good in the short term, the best way to finalize a divorce quickly is to keep your focus on mediation and working towards a mutually agreeable solution.

Ultimately, this will benefit everyone.

Organized Documentation

It’s crucial to have all of your financial records, deeds, custody agreements, and other documentation organized and on hand as soon as you need it. This can prevent many pointless administrative delays.

Effective Communication with the Attorney

Make sure to obtain legal representation as soon as possible (before you file), and communicate with them clearly.

Being proactive in reaching out and quickly responsive will help you have smooth and helpful communication, as well as hastening proceedings.

Compromise and Realism

In a diverse, much like a partnership, it’s really only your actions that you have control of.

Being open to compromise and managing your expectations will not only lead to a faster divorce but will likely benefit your relationship with your spouse throughout the proceedings and lead to a more favorable outcome for everyone involved.

Consider Alternative Dispute Resolution

While resolving a contested divorce through the public court system is common, it is often the most drawn-out way to go.

If you’re looking for a quicker and neater resolution, it may be time to reconsider negotiation, seek external mediation, or even look for a private judgment.

The Critical Role of a Skilled Family Law Attorney

The most important step you can take to have a quick and successful contested divorce is to secure good legal representation.

This isn't something anyone can do on their own. Aside from their legal necessity, there are many benefits to hiring a skilled family law attorney.

Proficiency in Contested Cases

Good family law attorneys will have extensive experience in contested divorces and have the know-how to settle them favorably, often without even going all the way to trial (saving you time and money.)

Negotiation Skills

Your attorney can advocate for you and use their ability to negotiate effectively to your benefit.

This is especially crucial to understanding the dense legal rhetoric surrounding divorce and ensuring that emotions are kept out of it.

Efficiency and Guidance

The right attorney can help you streamline the entire divorce process, not just support you in the trial.

It’s important to get advice on your specific situation and how to navigate the proceedings to your advantage to ensure the best resolution.

All in all, to overcome the challenges of the divorce process, you need the right guidance and support.

If you’re facing a contested divorce, getting good representation is crucial to minimize the time spent on your divorce and maximize the positive outcomes.

Our Family Law Specialists and associates at Holstrom, Block & Parke, APLC, are ready to steer you through from start to finish. Call us at 855-939-911 or contact us online to get your confidential consultation today.

Divorce

Understanding Child Custody: Primary vs. Joint Custody in California

The word “custody” can send shivers down the spine of a parent contemplating divorce or separation in California. The thought of missing out on life with your child can be so devastating that it can be hard to think straight. Emotions override logic.

Unfortunately, custody issues require you to think clearly and rationally to develop the solution that is best for your child. Working with an experienced and compassionate attorney during this time can enable you to gain a thorough understanding of your rights and obligations and help you develop the arrangements that are right for your family.

As part of the process, you need to educate yourself on California custody law. Even if you will be negotiating arrangements out of court, it is important to understand how a judge would rule if the decision were to be turned over to the court. To understand child custody laws in California, it is vital to comprehend the way the state defines primary and joint custody.

Custody Refers to Both Legal and Physical Custody

One issue that complicates custody decisions is that the term custody actually refers to two different issues in California. Both physical and legal custody will be allocated between parents.

Physical custody is what most people think of when they consider custody. It involves where a child lives and spends time with. As the name implies, physical custody is associated with having your child’s physical presence with you.

Legal custody is different. It involves having authority to make decisions that affect a child’s upbringing such as:

  • Where they will go to school
  • What activities or sports the child will be allowed to participate in
  • The religious training a child receives
  • Medical decisions such as the choice of primary care physician and the types of treatments and preventative measures a child will receive

Determinations about whether a parent will have primary or joint custody need to be made both with respect to legal custody and physical custody. It will be important to work with your attorney to produce your strongest arguments to show why it is in your child’s best interests to adopt your goals for both types of custody.

The Definitions of “Primary” and “Joint” are not Rigid

Primary custody is often referred to as sole custody, and that can be misleading. As a general rule, primary custody is allocated primarily to one parent, but the other parent often retains some rights. Joint custody, by contrast, refers to a situation where both parents share custody. However, that share may not be a 50/50 split.

Primary and joint custody can almost be viewed as a sliding scale where, at some point, one parent has so much of the decision-making authority or time with the child that their share of custody is considered primary rather than joint. For example, many people consider an arrangement for physical custody to be joint or shared custody as long as each parent has at least 35% of the parenting time with the child. So in a schedule where a child stays with one parent 65% of the time and the other parent 35% of the time, the parents could be said to have joint physical custody. However, if the child spends only 30% of the time with the second parent, then the parent with 70% of the time with the child is usually said to have primary physical custody even though the difference between the two situations is not that great.

Sections 3006 and 3007 of the California Family Code do establish definitions for “sole legal custody” and “sole physical custody.” A parent with sole legal custody is responsible for making decisions regarding a child’s “health, education, and welfare,” while when a parent has sole physical custody, the child resides with and is supervised by that parent, and the other parent may be granted visitation rights.

California Encourages Both Parents to Be Involved in a Child’s Life

While courts can exclude one parent and give all the rights and responsibilities to the other parent, they need to have good reasons for doing so. In Section 3020(b) of the California Family Code, lawmakers state their intention to “ensure that children have frequent and continuing contact with both parents.”

This means that joint custody is often the goal. Even where it is clear that a parent’s work schedule or physical living situation makes it impractical for them to share physical custody, a court will often award joint legal custody to both parents. The bottom line is that whether custody is awarded jointly or primarily to one parent, the court will often allow the other parent as much opportunity as possible to be involved in a child’s life unless the other parent presents evidence to show why this would be detrimental to the child’s best interests.

Holstrom, Block & Parke, APLC Can Help You Achieve Your Goals for Custody

Understanding your rights is the first step toward obtaining the custody arrangements you want in divorce, separation, or another legal custody battle. With over 300 years of combined experience protecting parental rights, the team at Holstrom, Block & Parke, APLC is ready to help you work to achieve your objectives for physical and legal custody. Contact us today for a confidential consultation to learn more about the ways we can help.

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When Alimony Goes Unpaid In California, What Happens?

Whether you are paying alimony or receiving it, you should know what happens in California when the spouse who is supposed to pay does not fulfill their legal obligations. There might be very good reasons for missing payments, but the spouse who failed to pay can still run into serious legal troubles if they don’t take the right steps to protect their interests quickly.

If you are owed alimony and haven’t received it, you also will probably need to take legal action to enforce the obligations. So regardless of which side of the issue you’re on, it makes sense to start by consulting a knowledgeable attorney who can give you advice tailored to your specific situation. Here are some general guidelines for reference.

Alimony is a Court-Ordered Obligation

Like child support, alimony—which is officially referred to in California as spousal support—is an obligation set by the court. That means it is more powerful than a mere contract. If you violate a court order, you can be held in contempt of court, which is a separate offense.

So, even if you created your own agreement with your former spouse about who would pay alimony and for how much and for how long, once your arrangement was incorporated into your divorce decree, it became a super obligation, just as if a judge had developed the plan. You cannot modify the terms between the two of you, even though you set them originally. Any changes must be approved by the court or they have no legal effect. That means that if the recipient spouse told the paying spouse it was “okay” to miss a few payments, it is not actually okay. Those payments remain a legal obligation. The recipient can seek them—with interest—regardless of whether they said it was “okay” to skip them. Alimony is set by court order, and it can only be changed by a court order. And interest unpaid spousal support accrues at 10%.

Ways You Can Try to Get Your Spouse to Pay

Because alimony is incorporated into a court order and not just an ordinary contract between two people, a spouse who is owed alimony has some additional options for seeking payment. While you can even threaten your spouse with jail time, however, it is often most effective to have your attorney schedule a simple discussion to find out the reason for the lack of payment. When your former spouse is not put on the defensive, they may be more honest and willing to work toward a helpful solution. Just the knowledge that you have an attorney and that you are prepared to go to court if necessary can often be enough to persuade a former spouse who is trying to make a point but who is not willing to go to jail for it.

When a spouse can’t pay because of a lost job or emergency expense, your attorney might negotiate an extended repayment schedule, bearing in mind that they may need to seek approval from the court.

If a spouse has the ability to pay but simply won’t, then it is time to move from talk to action. Alimony is often set up through assigned earnings or garnishment of wages, but if not, this can be implemented. Other options for obtaining delinquent payments include:

  • Obtaining a bank levy to remove funds from the payor’s bank account
  • Intercepting the payor’s tax refunds
  • Seeking a finding of contempt of court

Remember that if you plan to change alimony obligations, such as reducing payment amounts if your spouse is having long-term money problems, then you need to get a court order approving the change.

Help If You are Unable to Pay

If financial problems are going to prevent you from paying alimony on time, the sooner you can address the issue, the more you may be able to save yourself from unpleasant consequences. If you approach the court, instead of waiting for someone to come looking for you, judges tend to be more understanding. However, you will need proof of a legitimate inability to pay if you want the court to reduce your obligations. Talk to an attorney as soon as possible to get started working toward a resolution.

We Understand Alimony at Holstrom, Block & Parke, APLC

Alimony is a challenging issue both financially and emotionally. The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC understand how to help clients achieve their goals for alimony, whether the terms are being set initially, you want to make a modification, or you are having issues with enforcement. Don’t let lapsed payments continue without taking legal action. Talk to our team today to learn how we can get you back on track.

 

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How Can You Protect Yourself In Family Law If You’re Falsely Accused Of Domestic Violence?

While there is no doubt that domestic violence is a serious problem for victims subjected to abusive conduct and threats, domestic violence is also a problem for those who are falsely accused as a tactic to gain an advantage in a family law case. Victims of domestic violence may gain more preferential treatment when courts are deciding critical issues in divorce, such as alimony and property division, as well as issues involving children including custody and visitation rights. The desire to gain these advantages—or just to “win” in court—can prompt one partner to accuse the other of domestic violence when those accusations are not based on true facts.

If you have been accused, it is important to take the allegations seriously even if you believe they are completely false, because courts and law enforcement officials are required to treat the accusations seriously. You can best protect your rights and future opportunities by working closely with an attorney who understands the impact of domestic violence accusations and by following your attorney’s advice to the fullest extent possible.

The details of each case are unique, so it is important to get legal advice tailored to your situation. For general reference, here are some factors to keep in mind when it comes to defending yourself against domestic violence accusations in family law court.

If There’s a DVRO, Learn What You Need to Do to Comply

One of the first things to do is to find out whether a domestic violence restraining order (DVRO) has been issued by the court and if so, learn exactly what you need to do to comply with the terms of the order. Regardless of whether domestic violence accusations are true or false, and even if the terms of the restraining order are not fair, you must do everything you can to avoid a violation. Your attorney may be able to work to get the terms modified, but until then, violating a DVRO just makes your situation worse.

Seemingly innocent actions, such as posting something on social media, stopping by to pick up your pajamas, or calling your child to say “goodnight” can be treated as a violation, depending on what is prohibited in the order. If you violate the terms of a DVRO, you can be charged with serious crime, even though the order was issued by a civil court. In addition to facing criminal penalties such as jail time and fines, violation of a restraining order makes the allegations of domestic violence look that much more plausible. Protect yourself by complying with the order.

Avoid Contact with Your Accuser

Even if there’s no DVRO in place, it is still wise to avoid all contact with the person who accused you of domestic violence. Do not give your accuser any ammunition to use against you. If you need to communicate, do so through your attorney so that you cannot be accused of any threatening behavior. While it is natural to want to defend yourself or explain statements or actions that were misinterpreted, remember that your attempts to explain can be taken wrongly as attempts to intimidate. Fight the urge to defend yourself and let your attorney—who has been trained in effective techniques—do the fighting strategically on your behalf.

Gather Evidence to Support Your Defense

Although you will put your attorney on the front line in the fight for your defense, you can take effective steps to help make the effort as successful as possible. The court will examine evidence to determine whether or not acts of domestic violence occurred, so you need to collect evidence to defend yourself. Preserve all prior communications such as text message, phone message, and emails involving your accuser. If they present evidence of “threatening” communication, you may be able to prove that your words were taken out of context by showing the full conversation.

Consider those who may have witnessed angry exchanges and discuss with your attorney whether to ask those individuals to serve as a witness on your behalf. Find out if anyone has video footage to support your defense, such as recordings from a security camera.

Talk to Holstrom, Block & Parke, APLC if Domestic Violence Impacts Your Family Law Case

With 300+ years of collective experience in family law matters, the team at Holstrom, Block & Parke, APLC has seen our fair share of domestic violence allegations. We assist victims who need protection, but when accusations are false, we know how to protect those who have been wrongfully accused.

Your rights are important, and you need to act promptly and effectively to protect them when allegations of domestic violence have been made against you. Contact our team today to get started on the right strategy for family law defense.

Domestic Violence

The 10-Year Marriage Rule in California Divorce

If you are in the midst of a divorce or planning to get divorced, you’ve probably heard quite a few rumors about the problems you can expect to face. One of them may be the “10 year rule.” Many people believe that once a marriage has lasted for ten years, a spouse automatically becomes eligible to receive alimony indefinitely, but if the marriage was shorter, spouses are barred from seeking alimony, also known as spousal support.

While passing the 10-year mark can affect alimony awards, the effect is nowhere near as dramatic as some people expect. To understand why, we need to look at how spousal support decisions are made under California law.

Alimony is Never Automatic

The only time that an award of alimony is automatic in divorce is when a couple has a pre-or postnuptial agreement specifying alimony arrangements and the factors that trigger those arrangements have been met. In all other cases, a spouse requesting alimony must prove that they need help to become self-supporting.

So, regardless of how long a couple has been married, the court will review a variety of factors to determine whether an award of alimony is appropriate. These factors include:

  • The age and health of each spouse
  • The income of each spouse
  • The current earning capacity of each spouse
  • The length of the marriage
  • The standard of living during the marriage
  • The amount of property and debt each spouse holds independently
  • Whether one spouse helped the other obtain an education, training, or professional license
  • Any history of abuse during the marriage
  • Whether one spouse set aside career to care for the home or children
  • The impact that working would have on child-rearing responsibilities

The court will look at how much the spouse requesting support would need to maintain the same lifestyle they enjoyed during the marriage and whether the other spouse has enough resources to make up the difference.

Alimony Can Be Awarded for a Set Period of Time or Last Indefinitely

Generally, courts determine that spousal support payments will only continue for “a reasonable period of time” to enable the lesser-earning spouse to gain the skills or experience to support themselves. There is a general assumption that the longer a couple has been married, the more likely it is that one spouse has focused on building a career and that the other has concentrated efforts on the home, and that therefore the disparity between their earning abilities is greater. For that reason, spousal support awards are generally lengthier in longer marriages, but either spouse can submit evidence to show why that assumption should not apply.

The law specifies that a “reasonable period of time” for an alimony award is generally half the length of the marriage—unless the marriage is “of long duration.” The 10-year rule refers to the fact that when a marriage has lasted ten years or more, it is considered to be a marriage “of long duration” so that the guideline of alimony lasting for half the length of the marriage no longer applies. A court can order alimony to continue indefinitely. But that is rare.

Permanent Alimony Is Not Necessarily Permanent

When some couples hear the word “permanent” in association with alimony, they assume that means that one spouse will be paying spousal support to the other forever. However, often what it means is that the court will retain authority to consider alimony indefinitely. The court may set alimony for a fixed term, but it retains jurisdiction to revise that term—either to extend it or shorten it.

In addition, a court can terminate alimony when one of the following situations occurs:

  • The spouse receiving support remarries or cohabits with a new partner
  • The spouse paying support reaches age 65 (or more) and retires
  • The paying spouse can no longer meet payment obligations dues to no fault of their own
  • The spouse receiving support has achieved the ability to become self-supporting
  • Either spouse passes away

In addition, spouses can establish their own agreement for alimony, and if they agree that obligations will end at a certain point, either due to time or circumstance, then when they reach that point, alimony obligations should terminate.

An Experienced Divorce Attorney Can Help You Achieve the Right Alimony Arrangements

Whether you are negotiating your own terms in a separation agreement or relying on the court to make the determinations, advice and advocacy from an experienced attorney can make a world of difference in the outcome. At Holstrom, Block & Parke, APLC, our Certified Family Law Specialists and associates understand how to make the most of the factors that weigh in your favor when it comes to alimony determinations and all factors associated with divorce. We invite you to schedule a free, confidential consultation to discuss the ways we can help you emerge from your divorce poised for the best future ahead.

Divorce

How Do You Petition for Alimony During a Divorce Process?

At one time, alimony was an automatic part of divorce, but that is no longer the case. If you want to receive alimony, you need to be prepared to show why support payments are justified under the law based on your specific circumstances.

How do you do that? The easiest way to start is to work with an experienced family law attorney who understands the factors courts find persuasive in alimony determinations. While the process of petitioning for alimony will differ according to your situation, here are some general guidelines that apply when seeking alimony in California.

Consider the Divorce Process You are Using

If you are divorcing through mediation or the collaborative process, the method of requesting and demonstrating a need for alimony will be different than if you are engaging in litigation. In collaborative divorce, for instance, your attorney will be negotiating for alimony. If alimony is included in your divorce settlement, it will become an enforceable court order once the divorce is finalized, just as if the judge had ordered it in litigation.

Regardless of your divorce process, you will need to be ready to demonstrate justification for alimony and have legal arguments to support the amount and duration of payments you are seeking.

Petitioning for Temporary Alimony in California

Although the term alimony is still commonly used, California officially uses the term spousal support. This type of support is available not only during and after a divorce but also after a legal separation or in situations where a restraining order is in place in a domestic violence case.

If you have financial needs while the divorce is in progress, you can ask the court for temporary spousal support as soon as the family law case is filed in court. Spouses may agree on an arrangement for temporary support, or if they cannot agree, the judge will decide, often based on a math formula. In many cases, judges will establish an amount that is equal to 40% of the higher-earning spouse’s income minus 50% of the lower-earning spouse’s income. Or the court might look at the net monthly income and expenses of the spouse requesting support, determine the shortfall, and award that amount if the other spouse has the apparent ability to pay it.

To start the process, a spouse would file a Request for Order form explaining what the desired payments should be and why the amount is justified. It will be necessary to describe facts that support the request. In addition, a requesting spouse will need to submit an Income and Expense Declaration with supporting documentation. It can be very helpful to have an attorney assist with the process.

Requesting for Long-Term Support

The process of obtaining long-term support to be paid after the divorce is finalized can be much more complicated, particularly in situations where a marriage lasted more than ten years. Courts are required to consider a great number of factors when determining whether to award support, and the amount and duration of support. That means the spouse requesting alimony will need to submit a large quantity of information backed by appropriate documentation.

This information includes data about:

  • The applicant’s marketable skills and data on the job market for those skills
  • The amount of time and money required to develop current skills or acquire other marketable skills
  • The extent to which the applicant’s earning capacity is reduced by periods of unemployment while the applicant focused on home life
  • How the need to care for dependent children impacts employment ability of the applicant
  • Any history of domestic violence
  • Debts, ongoing obligations, and assets of each spouse
  • Contributions the applicant made to the education and career of the other spouse
  • The standard of living enjoyed during the marriage

A spouse seeking support should be prepared with information regarding each of the statutory factors described in Section 4320 of the California Family Code, as well as any additional evidence that explains the need for alimony.

Regardless of whether your divorce is handled through litigation, mediation, or collaborative divorce, you and your spouse can reach an agreement out of court regarding alimony. If the judge approves your arrangement, then it will be incorporated into the divorce decree as an enforceable court order.

If you do not come to an agreement, you will need to include alimony as one of the issues you are asking the court to decide in a trial. It is a good idea to work with an experienced attorney if you are engaging in litigation to settle terms of your divorce.

Holstrom, Block & Parke, APLC Can Help You Meet Your Objectives for Alimony

Alimony can form an essential component of your efforts to build a new life and move forward during and after a divorce. An issue of this importance and complexity deserves skilled legal attention.

At Holstrom, Block & Parke, our experienced attorneys offer the benefit of 300 years of collective experience helping clients gain advantageous terms for alimony and other aspects of their divorces. Schedule a consultation with our team to learn how we can help you receive the support you deserve.

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