Family Law Attorneys in Los Angeles, CA

FAQs About Family Law in Los Angeles

At Claery & Hammond, LLP, we combine verified credentials with a collaborative process and the personal attention that matters when the stakes are high.

• Founding partner Lance Claery is rated by Super Lawyers® and named to Super Lawyers Rising Stars. Lawyers of Distinction has also named him among the top 10 percent of lawyers in the United States.
• Attorney Eli V. Hammond is fluent in Spanish and conversational in Portuguese, allowing us to serve more of Los Angeles’s diverse communities in the language they’re most comfortable using.
• We develop strategy alongside you, keeping you informed about where your case stands, which options are available, and what comes next.
• You’re not just a case number here. We give every client focused time and attention.

Spousal Support Factors Under California Law

California Family Code Section 4320 directs courts to weigh several factors when deciding spousal support in a divorce or legal separation. The analysis isn’t limited to either spouse’s current income.

Factors considered under Section 4320 include:

• Income & Earning Capacity: Each spouse’s earning capacity, the supported party’s marketable skills, and the supporting party’s ability to pay.
• Marriage & Financial Circumstances: Each party’s needs based on the marital standard of living, their obligations and assets, and the duration of the marriage.
• Health & Other Considerations: The parties’ age and health, documented domestic violence, immediate tax consequences, the balance of hardships, and the goal of self-support within a reasonable period.

Community Property Division in California

California Family Code Section 2550 generally requires the community estate to be divided equally in a divorce or legal separation unless the parties agree otherwise in writing or through an oral stipulation in open court. Equal division applies to the net value of the community estate, not necessarily to every individual asset.

For example, one spouse can receive the family home while the other receives retirement accounts or other assets of equivalent value. Identifying and valuing the full community estate is therefore a central part of the property division process.

Family Law & Local Court Rules in Los Angeles

Family law in California is governed by the California Family Code, which sets statewide rules for divorce, child custody, support, and related matters. Los Angeles County also has court rules and procedural requirements that differ from those in other California counties, making local knowledge important.

Cases are filed through the Los Angeles County Superior Court system, which includes venues such as the Stanley Mosk Courthouse in downtown Los Angeles. We prepare clients for filings, hearings, conferences, and trial when litigation is necessary, explaining what to expect at each stage.

Los Angeles County Superior Court Family Court Services provides mediation for people with a pending custody or visitation matter. We prepare clients for that process and help them organize the parenting information relevant to the issues being discussed.

Discuss your situation in a free consultation. Contact our Los Angeles family law attorneys at (310) 817-6904.

What It’s Like to Work with Our Firm

We typically begin with a detailed consultation to review your goals, gather background information, and discuss any upcoming court dates or deadlines in Los Angeles County. We then build a plan that may include negotiation, mediation, or litigation based on your priorities and the facts of your case.

Throughout the process, we keep communication consistent. You’ll understand which documents are being filed, why hearings are scheduled, and what options you have at each stage. We guide you through preparation for mediation and court appearances, help coordinate financial records and parenting information, and set clear expectations so an unfamiliar system feels more manageable. Our goal is to handle the legal complexity so you can focus on your family.

Frequently Asked Questions

Clients often have practical questions about California law and the procedures that apply to Los Angeles family matters. These answers address several common concerns.

What Should I Know Before Filing for Divorce in Los Angeles?

California is a no-fault divorce state, so you don’t need to prove wrongdoing by your spouse to file. Before filing, you must have lived in California for at least six months and in your county for at least three months.

You may also need to determine how property, debts, and parenting time will be handled. Our attorneys can explain how community property rules and local Los Angeles County practices apply to your situation. During the initial consultation, we discuss your goals, outline the likely steps, and identify urgent concerns such as temporary custody or support so you can make an informed decision about how to proceed.

How Is Child Support Determined in California?

Child support in California is calculated using a state guideline formula that accounts for both parents’ incomes, the number of children, and the percentage of time each parent spends with the children.

We help you gather accurate financial information, understand how your timeshare arrangement affects the calculation, and prepare for hearings in the county court system.

Are Prenuptial Agreements Enforceable in Los Angeles?

Yes, prenuptial agreements are enforceable in Los Angeles when they meet California’s legal requirements. The agreement must be in writing, signed by both parties without coercion, and accompanied by full financial disclosure. Each party should also have adequate time to review the agreement and the opportunity to consult independent counsel, particularly when it includes provisions such as spousal support waivers.

Courts examine whether both parties had a genuine opportunity to review the terms before signing. We can help you draft or review a prenuptial agreement under California’s requirements, reducing the risk of a future challenge.

What Are My Rights As a Co-Parent in Los Angeles?

Co-parents can seek custody and meaningful parenting time with their children. California courts decide custody and visitation issues based on the children’s best interests. Family Court Services provides mediation for parents with a pending custody or visitation action. We guide you in documenting your involvement, communicating with the other parent, and presenting parenting proposals focused on your children’s best interests while protecting your parental rights.

Can I Modify a Current Custody Order?

Modifying a custody order requires demonstrating a substantial change in circumstances since the original order was issued. Common examples include changes in household dynamics, new work requirements, or the relocation of one parent. The court that issued the original order handles the modification.

Parents seeking a modification may need to file new paperwork, participate in Family Court Services mediation, and appear before a judge before any change is made. We explain each step, help you organize evidence supporting your request, and prepare you for the applicable Los Angeles County proceedings.

To schedule a free consultation, contact our Los Angeles family law attorneys at (310) 817-6904.