Law Offices of Makupson & Howard Serving Pasadena
Divorce

Divorce Lawyers in Glendale, CA

Deciding to divorce is one thing. Working out what happens next is another. 

Where will each of you live? What happens to the house, lease, savings, and debts? If you have children, how will school days, weekends, and everyday responsibilities be divided?

Even when both spouses agree that the marriage is ending, they may have different ideas about how to divide their finances or arrange parenting time. These decisions can become more complicated when property, financial obligations, or children's needs are involved.

At Law Offices of Makupson & Howard, we represent individuals navigating divorce and other family law matters in Glendale and surrounding communities. Based in nearby Pasadena, our boutique family law firm handles both negotiated settlements and contested court proceedings. 

Call (888) 328-2734 to discuss your divorce case with our team. You don't need to have every answer before speaking with an attorney.

What Is the Divorce Process in California?

Although every divorce has its own circumstances, most cases follow a general sequence.

  1. Filing the divorce petition. One spouse starts the case by filing the required paperwork with the court. In a standard California divorce, at least one spouse generally must have lived in California for six months and in the county where the case is filed for at least three months.
  2. Serving the other spouse. The filed papers must be formally delivered to the other spouse, who has an opportunity to respond.
  3. Exchanging financial disclosures. Both spouses generally must exchange preliminary financial disclosures about their income, expenses, property, and debts. These disclosures provide information needed to discuss property division and support.
  4. Resolving the outstanding issues. The spouses can negotiate, use mediation, or ask the court to resolve disagreements involving property, support, and children.
  5. Finalizing the divorce. Once the necessary issues have been addressed, the required final documents are submitted for the court's approval and judgment.

California has a mandatory 6-month waiting period before a divorce can become final. The period generally begins when the other spouse is served with the petition and summons or makes their first appearance in the case, whichever happens first. This is a minimum waiting period, not a guarantee that the entire case will be completed within six months. Disputes, incomplete disclosures, and unresolved agreements can extend the process.

If you do not yet meet the residency requirements for divorce, a legal separation may be an option to discuss with an attorney while you establish eligibility. Legal separation can address property, debt, support, and parenting matters without ending the marriage.

Divorce in Glendale: What Needs to Be Decided?

A California divorce can involve more than ending a marriage. 

Depending on your circumstances, you may need to resolve:

  • Division of the family home, other real estate, bank accounts, and retirement assets
  • Allocation of credit card balances, loans, mortgages, and other debts
  • Spousal support
  • Child custody, visitation, and parenting schedules
  • Child support
  • Ownership interests in a business or property with both separate and community components

Not every divorce involves all these issues. Some couples have no children and limited shared property. Others have years of financial decisions, real estate, retirement savings, or parenting arrangements to work through.

The legal treatment of each asset, debt, and family responsibility depends on the circumstances. Understanding those distinctions is an important part of deciding how to proceed.

Dividing Property & Debt in a California Divorce

California follows community property rules. Generally, property and debt acquired during the marriage and before the date of separation are considered community property or obligations. Property owned before marriage, gifts and inheritances received by one spouse, and property acquired after separation are generally treated as separate property.

The distinction is not always straightforward. A home purchased before marriage may have mortgage payments made with income earned during the marriage. Retirement accounts may contain contributions from both before and during the marriage. Separate and community funds may also have been combined in the same account.

The date of separation matters when determining what is community and what is separate. It is not necessarily the day one spouse moves out. Under California law, the date generally depends on when one spouse expressed the intent to end the marriage and whether that spouse's conduct was consistent with that decision.

As a general rule, California courts divide the community estate equally, unless the spouses reach an agreement or an exception applies. That does not mean every asset must be divided in half. One spouse might keep the house while the other receives a different combination of assets or an offsetting payment.

What Happens to the Family Home?

For some Glendale couples, the family home is one of their largest shared assets. One spouse may want to remain in the property, while the other would prefer to sell it and divide the proceeds.

Several questions may need to be addressed:

  • Keeping the home. Can the spouse who wants to stay afford the mortgage, property taxes, insurance, maintenance, and other household expenses independently?
  • Selling the property. How will the home's value and outstanding mortgage be accounted for when dividing the equity?
  • Buying out the other spouse. Can the spouse keeping the home qualify for refinancing or another lender-approved arrangement?
  • Separate property contributions. Did either spouse use premarital funds, an inheritance, or other separate assets toward the purchase or mortgage?

There is another important detail: a divorce judgment assigning responsibility for the mortgage to one spouse does not automatically release the other spouse from the loan. The lender's obligations are separate from the financial arrangement between the spouses. Refinancing, loan assumption, or another lender-approved option may need to be considered.

What If You Rent Instead of Own?

Divorce also changes the housing picture for couples who rent. If both spouses are listed on a lease, they may need to address who will remain in the apartment, whether the landlord will agree to change the lease, and how rent, deposits, and other shared expenses will be handled.

An agreement between spouses about who will pay rent does not automatically change their obligations under the lease. Reviewing the rental agreement and discussing any proposed changes with the landlord may be necessary.

Spousal Support & Child Support

Financial arrangements can become a source of disagreement when one spouse earned more, put a career on hold to care for children, or handled most of the household responsibilities. California law treats spousal support and child support separately because they serve different purposes and follow different rules.

How Is Spousal Support Determined?

Spousal support, sometimes called alimony, is a payment one spouse may be ordered to make to help support the other. It is not automatic in every divorce.

When deciding long-term spousal support, a California court considers the factors listed in Family Code ยง 4320. 

These include:

  • The length of the marriage
  • The standard of living established during the marriage
  • Each spouse's income, earning capacity, education, and employment opportunities
  • Each person's age and health
  • The supported spouse's needs and the other spouse's ability to pay
  • The property and debts each spouse will have after division
  • Whether one spouse contributed to the other's education, training, or career
  • How caring for children may have affected either spouse's ability to work
  • Relevant tax consequences and any history of domestic violence

Temporary spousal support may also be available while the divorce is pending. It follows different considerations from long-term support, and courts often use a guideline calculation as a starting point.

Before agreeing to an amount, it is worth looking beyond the difference between two paychecks. Housing expenses, insurance, taxes, existing obligations, and each person's ability to earn income are all relevant to the financial picture.

How Is Child Support Calculated?

Both parents have a legal responsibility to support their children. California generally uses a statewide guideline formula to calculate child support. The calculation considers factors such as each parent's income, tax filing information, the time each parent spends with the child, and other relevant circumstances.

Additional expenses may also need to be addressed. These can include childcare and uninsured medical costs. Parents may also need to discuss how school-related or extracurricular expenses will be handled.

An informal agreement about payments does not necessarily replace a court order. If you and the other parent reach an agreement, the terms may need to be properly documented and submitted to the court for approval.

Child Custody & Parenting Plans After Divorce

When children are involved, the divorce process also requires decisions about how parenting responsibilities will be shared.

California recognizes two main types of custody:

  • Legal custody. The authority to make important decisions about a child's health, education, and welfare.
  • Physical custody. Where the child lives and how parenting time is arranged.

Courts make custody decisions based on the child's best interests. Relevant considerations may include the child's age, health and safety, relationships with each parent, connections to home and school, each parent's ability to provide care, and any history of family violence.

Building a Parenting Schedule That Works in Everyday Life

A parenting plan needs to work on an ordinary Tuesday, not only to look balanced on paper.

For parents, practical considerations may include school drop-off and pickup, work hours, after-school activities, and travel between households. A parent living in Glendale and another living in Pasadena or Burbank may have different commute times and weekday availability.

Before agreeing to a schedule, consider:

  • Where the child will stay on school nights
  • Who handles transportation and school-related responsibilities
  • How weekends, holidays, and school breaks will be divided
  • How parents will communicate about medical, educational, and other important decisions
  • Whether the schedule can accommodate each parent's work commitments

California does not automatically require equal parenting time in every divorce. The appropriate arrangement depends on the child's best interests and the family's circumstances.

A parent's planned move can also affect an existing parenting schedule. Whether a court order is necessary depends on the existing custody orders, the physical custody arrangement, and how the proposed relocation would affect the child's time with each parent. Parents should review their current orders before making plans to relocate with a child.

Should You Settle Through Mediation or Go to Court?

Some couples can reach agreements about property, support, and parenting without a trial. Others have disagreements that require a judge to make decisions. The right process depends on the issues involved and whether both spouses can participate freely and exchange the information needed to make decisions.

Divorce Mediation

In mediation, a neutral third party helps the spouses discuss disputed issues and work toward an agreement. The mediator does not decide the outcome or serve as either spouse's attorney.

Mediation may be useful when both spouses are willing to exchange financial information, consider different arrangements, and discuss disagreements. Each spouse can still have independent legal advice while working through the process.

Mediation is not appropriate for every situation. If one spouse is withholding financial information, pressuring the other, or raising safety concerns, the process may need to be reconsidered or additional protections may be necessary.

Negotiated Divorce

Spouses may also work through their attorneys to negotiate the terms of a divorce. This provides a structured way to address disagreements about property, support, and parenting without requiring a trial.

Even when spouses agree on most issues, the terms need to be documented correctly and submitted through the appropriate court process.

Contested Divorce & Litigation

When the spouses cannot reach an agreement, the court may need to resolve the disputed issues. Litigation may be necessary when there are substantial disagreements about property, support, custody, financial disclosures, or other matters.

Our firm handles both negotiated resolutions and contested divorce cases. We discuss whether negotiation, mediation, or courtroom representation is appropriate based on the circumstances of the case.

Talk with a Glendale Divorce Attorney

You may be at the beginning of the process, still deciding whether divorce is the right step, or already facing disagreements about property, support, or parenting time. You do not need to have every detail worked out before asking for legal guidance.

You are not alone. Contact Law Offices of Makupson & Howard to schedule a consultation by calling (888) 328-2734.

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Why Choose Law Offices of Makupson & Howard?

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