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Divorce Attorney in Pasadena

Experienced Divorce Lawyers Serving Los Angeles County

Searching for a divorce attorney can feel overwhelming, especially when you are facing major life changes that affect your family, finances, and future. By retaining an experienced and caring Pasadena divorce lawyer from Schweitzer Law Partners, you gain trusted legal counsel focused on protecting your rights and guiding you through every stage of the divorce process.

Our divorce attorneys understand that no two cases are alike. Whether your divorce involves child custody, child support, spousal support, property division, or complex financial matters, we take the time to understand your goals and develop a strategy tailored to your situation. We provide clear explanations, honest advice, and steady support so you can make informed decisions with confidence.

Serving clients throughout Los Angeles County, our firm is committed to resolving divorce matters as efficiently and fairly as possible—whether through negotiation, mediation, or litigation when necessary. From start to finish, we work to reduce stress, protect your interests, and help you move forward with clarity and peace of mind.

Contact the Schweitzer Law Partners online or call (626) 788-5225 for a consultation with a Pasadena divorce lawyer. We're backed by 55+ years of experience.

Filing for Divorce in California

Grounds for Divorce in California

California is a "no-fault divorce" state, which means that the only grounds needed to obtain a divorce are an irreparable breakdown of the marriage. If you believe that your marriage is irretrievably broken, you can file for a divorce proceeding. In the past, grounds such as adultery, abuse, or mental illness used to be required to get a divorce, but it is not so today. The California divorce process involves filing a petition with the court, serving the other party with a notice, drafting an agreement (in uncontested cases), and litigating for a fair settlement (in contested cases). Do not hesitate to hire a divorce lawyer at Schweitzer Law Partners right away to help guide you thoroughly and efficiently. We are ready to fight for the results you need.

California Divorce Residency Requirements

A couple facing one another with their hands clasped on a white table -- their faces cannot be seen. Between them are divorce papers. There is a black pen and their wedding rings are on top of the papers too.

Before you can file for divorce in California, you and your spouse must first meet the residency requirement. If you do not meet the residency requirements, you can file for a legal separation until you do meet the requirements.

The requirement stipulates that:

  • You or your spouse must have been a state resident for at least six months before filing.
  • You must have lived in the county in which you are filing for at least three months.
  • You and your spouse do not have to live together as long as one of you has lived in the county in which you are filing for at least three months.

Contested vs Uncontested Divorce

A couple facing away from each other -- both look sad and frustrated with each other. They may be considering filing for divorce.

First, you must decide whether your case is an uncontested divorce or if it is contested and will require divorce litigation.

Will an Uncontested Divorce Work For Me?

If a couple can peacefully discuss key issues, there are many benefits to an uncontested divorce. For instance, this legal process often goes much quicker and smoother than a contested divorce because there are no elements that require court intervention. Additionally, this process often saves a couple from having to pay extra court fees that parties going through a contested divorce often pay.

Some of the advantages of uncontested divorce and mediation:

  • Lower court costs
  • Fewer legal processes
  • Privacy and confidentiality
  • Divorces can be resolved much faster
  • You and your ex decide the outcome of your divorce

A specially trained neutral mediator will guide the two parties in drafting their own divorce agreement, or each party will have their own counsel and will work together through collaborative law to draft the agreement.

Key Issues Decided During a California Divorce

As you move through the divorce process, you will have to make decisions about several major issues that affect your day-to-day life and long-term future. Understanding what the court can decide helps you prepare for negotiations and hearings and makes conversations with your attorney more productive. In Los Angeles County, including the Pasadena Courthouse, judges look at the specific facts of your family’s situation rather than applying a one-size-fits-all solution.

For parents, questions about legal and physical custody, parenting time schedules, and how holidays will be shared are often the most urgent. The court will focus on what is in the best interests of your children, which may involve reviewing school schedules, each parent’s work hours, and the level of cooperation between you and your co-parent. Financial support for children and possibly a spouse will also be addressed so that basic needs such as housing, food, and healthcare can be met after the divorce.

Property and debt division is another core issue, especially in a community property state like California, where most assets acquired during the marriage are presumed to belong to both spouses. A Pasadena Divorce Lawyer from our firm can help you identify community versus separate property, gather documentation about accounts and real estate, and work toward a settlement that takes into account both short-term needs and long-term financial stability.

Filing for Divorce When Your Spouse Lives in Another State

If you want to file for a divorce and your spouse lives outside the state of California, ask the court for an ex parte divorce. An ex parte divorce occurs when the divorce is granted in a jurisdiction in which only one spouse is living. This is most often because the couple has been separated for quite some time, and one spouse has moved away to establish residency in a different area.

An ex parte divorce is an exception to the normal rules of jurisdiction. The court is ruling that it has the authority to determine your marital status because you meet the state's residency requirements. Therefore, even though your spouse is not a resident, the court has jurisdiction over him or her for the purpose of obtaining a divorce.

The rules that govern ex parte divorces can be confusing, especially when you are trying to coordinate service across state lines and understand how your case will be viewed in another jurisdiction. We regularly help clients file in the Pasadena branch of the Los Angeles County Superior Court while a spouse lives in another state, and we can explain how the court's authority is affected by where you, your spouse, and your children reside.

When to Choose Contested Divorce

A contested divorce occurs when you or your spouse has filed a petition, and the other party does not agree with the terms he or she is asking for. Areas of disagreement may include child support, child custody, visitation, alimony, and/or the division of marital assets.

Common reasons couples pursue a contested divorce include:

  • Significant disagreements about parenting, such as where the children will live, how major decisions will be made, and how much time each parent will spend with them.
  • Conflict over financial support, including how much child support or spousal support should be paid and for how long.
  • Disputes about property and debt, especially when there are family businesses, real estate, or retirement accounts that need to be divided fairly.
  • Lack of trust or communication, which can make it difficult to reach agreements without the structure of court deadlines and formal discovery.

A contested divorce is not ideal, but it's far from uncommon. Many couples have disagreements in one or more key areas of the settlement.

To avoid a trial, you can try enlisting the services of a divorce mediator. This is a neutral third party who can help you and your spouse reach a mutually agreeable settlement. Mediators charge a fee for their services, but it is still cheaper than resorting to litigation.

Ensure That Your Out-of-State Spouse Receives the Divorce Papers

The most important part of obtaining an ex parte divorce is making sure that your spouse receives notice of the action. It is best to have your spouse served divorce papers by a process server, who may be a local sheriff or some other government official authorized to serve legal papers. If you don't know where your spouse is currently living, you can provide notice through a method such as newspaper notification. However, you must discuss this issue with your attorney.

The federal government says that states are legally required to recognize a divorce obtained from another state. So, as long as you follow the laws of your state, your ex parte divorce should not be a problem if you need to move again at a future date.

If you have children with your spouse, please be advised that child support, child custody, and child visitation will be determined by the laws of the state in which the children reside. This can be problematic if you are a non-custodial parent seeking an ex parte divorce.

How to Serve Divorce Papers in California

The first step to filing for divorce is to serve your spouse with divorce papers. The papers inform your spouse that you are initiating divorce proceedings, and the papers are considered important legal documents.

Steps to serving divorce papers:

  • A third party must serve your spouse with the divorce papers. This can be a friend or relative (but not any adult children), a process server, or the sheriff. The server must be at least 18 or older.
  • You may be able to send the service by certified mail. This is applicable in cases where your spouse is cooperating with you and is interested in moving the process forward faster.
  • You must know where your spouse is living to serve divorce papers. If you have been unable to locate him or her, the court may allow you to serve papers by publishing a notice in a newspaper or newspapers in the areas you believe your spouse might be. As proof of service, you'd need to give the court a copy of the published notice and a written statement of how long the notice ran in each publication.

Call (626) 788-5225 or contact us online to consult a skilled divorce lawyer in Pasadena at Schweitzer Law Partners.

Frequently Asked Questions

How Does Contested Divorce Work?

If mediation is not an option, one of you will have to have your Pasadena divorce lawyer file a form to set a trial date. Then, a judge will decide the terms of your settlement. After the judge makes his or her decision, both sides have 60 days to appeal.

Since it can be time-consuming to go through a contested divorce, you can request temporary orders to handle issues such as child support and child custody. These orders will expire upon the date of the trial. Their purpose is to make sure the immediate needs of the family are being taken care of.

Whether your divorce will be uncontested or contested, our divorce attorneys in Pasadena can provide you with sound legal guidance or representation when you need it the most.

How Is Property Divided in a Divorce?

California law states that marital property is "community property," and includes all debts and assets accumulated during the marriage. All property is divided 50/50, or in other words, will be distributed equally between spouses, unless there are strong reasons or arguments otherwise. On our Property Division page, you can learn more about the distribution of assets and property laws.

How Do You Respond When Served With Divorce Papers?

Spouses will have 30 days from the date of service to respond to the summons. If the summons and petition go unanswered, this may lead to a default judgment. In this case, every item listed in the summons, matters concerning alimony, custody, and visitation rights, as examples, may be granted.

How Long After Divorce Can You Remarry in California?

If you filed for divorce, you may remarry after it is finalized. In California, a divorce may be finalized in six months or more -- it cannot be finalized sooner than that amount of time.

The waiting period begins from the date when the party that filed for divorce served their spouse with divorce papers.

Many people who are planning for life after divorce also want to know how this timeline affects name changes, moving out of state, or updating estate planning documents. A Pasadena Divorce Attorney from our firm can walk you through how the six-month waiting period works in practice, how it interacts with your local court calendar, and what steps you can take during that time to protect your finances and your relationship with your children.

If you are unsure if you are considering divorce and are unsure if your plans to remarry, do not hesitate to reach out to our seasoned attorneys at Schweitzer Law Partners. Our Pasadena family lawyers are backed by decades of experience and are prepared to answer any questions that you might have.

Speak To a Pasadena Family Law Attorney in Pasadena

At Schweitzer Law Partners, our team of experienced Pasadena family law lawyers is dedicated to guiding clients through the divorce process as quickly and painlessly as possible. We understand that divorce is a stressful and emotional process, and we are here to help. The sooner you hire a divorce attorney in Pasadena, the quicker your case will be resolved.

When you meet with a Pasadena Divorce Lawyer at our office, we will take time to understand your priorities, explain how the Los Angeles County court system handles cases like yours, and outline your options for settlement or litigation. We regularly appear in the Pasadena Courthouse and nearby family law courts, so we can give you practical insight into what to expect at each stage and how to prepare for hearings, mediation, or trial.

Contact Schweitzer Law Partners to begin a consultation with a Pasadena divorce attorney. Give us a call at (626) 788-5225 today.

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