Beverly Hills Divorce Lawyer

California law requires a six-month waiting period from the date your spouse is served before a dissolution can be finalized.This waiting period exists regardless of whether you and your spouse agree on all terms. No dissolution becomes final before this period expires, though you can negotiate and resolve other matters during this time.

Discovery & Disclosure

Both parties must complete financial disclosures, providing detailed information about income, assets, debts, and expenses. This transparency allows for fair division of property and appropriate determination of support obligations. The discovery phase may involve exchanging documents, answering written questions, or participating in depositions, depending on the complexity of your financial situation.

Negotiation & Settlement

Many divorces in Beverly Hills are resolved through negotiation rather than trial. Your attorney can engage in settlement discussions, mediation, or collaborative law processes to reach agreements on property division, spousal support, and parenting arrangements. Settling outside of court typically results in faster resolutions, lower costs, and greater control over outcomes.

Trial & Judgment

If settlement proves impossible, your case proceeds to trial, where a judge makes final decisions on contested issues. Following trial or settlement approval, the court issues a judgment that formally dissolves your marriage and establishes the terms of your separation. This judgment becomes legally binding and enforceable.

Grounds for Divorce Under California Law

California operates as a no-fault state, meaning you don't need to prove wrongdoing by your spouse to dissolve your marriage. This approach simplifies the legal process and reduces the adversarial nature of many proceedings.

Irreconcilable Differences

The vast majority of divorces cite irreconcilable differences as the basis for dissolution. This ground simply means that you and your spouse have experienced a breakdown in your relationship that cannot be repaired, making continuation of the marriage impossible. You don't need to provide specific details about what went wrong or assign blame to either party.

Permanent Legal Incapacity

In rare circumstances, one spouse may petition for dissolution based on the other spouse's permanent legal incapacity to make decisions. This ground requires medical evidence and is used infrequently. Most dissolution proceedings in Beverly Hills rely on irreconcilable differences as the stated ground.

Why No-Fault Matters

California's no-fault approach means that marital misconduct generally doesn't impact property division or spousal support decisions. Even if your spouse engaged in infidelity or other troubling behavior, courts divide assets equitably and determine support based on financial factors rather than fault. This framework can help reduce conflict and streamline the dissolution process.

Legal Separation, Divorce & Annulment: Understanding Your Options

When a marriage isn't working, California law provides three distinct legal pathways.

Divorce (Dissolution of Marriage)

Dissolution completely terminates your marital relationship, allowing both parties to remarry if they choose. The court divides all community property and debts, establishes any necessary support orders, and resolves custody arrangements for minor children. Once finalized, you and your former spouse maintain no legal ties except for any ongoing obligations related to children or support orders.

Most Beverly Hills residents pursuing an end to their marriage choose dissolution because it provides finality and allows both individuals to fully move forward with their lives independently.

Legal Separation

Legal separation follows a process nearly identical to dissolution, but doesn't terminate the marriage. The court still divides property, establishes support obligations, and creates parenting plans, but you remain legally married. This means neither spouse can remarry, though you live separately and maintain distinct financial lives.

Why Choose Legal Separation?

Some couples select legal separation for religious reasons, to maintain certain benefits tied to marital status, or because they're uncertain about permanently ending their marriage. Legal separation can later be converted to dissolution if circumstances change. Health insurance considerations sometimes influence this decision, as some policies allow separated spouses to remain on family coverage, while divorced spouses cannot.

Annulment (Nullity of Marriage)

Annulment treats the marriage as though it never legally existed. Unlike dissolution or separation, annulment isn't available to everyone. California law permits annulment only in specific circumstances, such as when one party was already married, lacked capacity to consent due to age or mental state, was forced into marriage, or entered the union based on fraud.

Strict Requirements Apply

Obtaining an annulment requires proving that your marriage was invalid from its inception. Courts scrutinize these petitions carefully, and the burden of proof rests on the party seeking nullity. If you believe your marriage qualifies for annulment rather than dissolution, an attorney can evaluate your situation and determine whether this path makes sense.

Property & Support in Annulments

Even when a marriage is annulled, courts can still address property division and spousal support using principles similar to those applied in divorces. The court's focus remains on reaching fair outcomes that account for the relationship between the parties, even if that relationship is deemed legally invalid.