Skip to Content
Cutter & Lax, Attorneys at Law Cutter & Lax, Attorneys at Law
Call Us Today! 818-839-2533
Top
Divorce

Encino Divorce Lawyer

Work With a Board Certified Family Law Specialist

The prospect of filing for divorce can be upsetting, frightening and sometimes liberating. The wide range of emotions that a person may experience can make this process all the more difficult, particularly when matters such as custody, child support, alimony, visitation, and property division need to be addressed. Even a divorce which starts out amicably may turn into a bitter, drawn out legal battle as you and your spouse seek different outcomes to protect your needs, your children's well-being, and your finances.

If you are considering divorce, consult with an experienced family law attorney at Cutter & Lax Attorneys at Law. You and your spouse will need to come to a complete agreement about all terms of your divorce or you will face court proceedings where these matters will be decided by a judge. Most often, it is less time-consuming and expensive to come to an agreement out of the courtroom. A negotiated divorce settlement means that you and your spouse will have more freedom on determining the exact terms of your divorce; however, at times these terms cannot be worked out without court assistance. Through negotiations or litigation in court, your lawyer will need to assert your rights and protect your interests every step of the way.

Regardless of whether you and your spouse are able to come to an amicable agreement, or whether you cannot agree on anything, you can find the support you need at Cutter & Lax Attorneys at Law. Our San Fernando Valley divorce attorneys are compassionate, hard-hitting lawyers who recognize how to best represent clients. Call (818) 839-2533 or contact us online to learn more.

Understanding California's No-Fault Divorce Laws

California is a "no fault" divorce state, meaning you do not have to have a reason such as adultery or abuse to file. However, you must have grounds to file for divorce.

Grounds for Divorce in Encino:

  • Irreconcilable Differences - A situation where the marriage is irreparably broken. You and your spouse will not be able to save the marriage even with numerous attempts to do so.
  • Incurable Insanity - An option that is rarely used and refers to a situation where one spouse is insane and remains incurably insane, with medical proof of this.

Cutter & Lax Attorneys at Law represents clients throughout Los Angeles and the San Fernando Valley who are considering divorce. Our team can help determine whether you qualify to file and can establish the grounds for your divorce.

What is the 10 Year Divorce Rule in California?

California uses "long-term marriage," where you can benefit from alimony payments for staying married for ten years or longer.

In this situation, the spouse earning less income retains the right to be paid alimony for as long as they need and as long as the paying spouse can pay. This is because the court is more likely to find that the spouse receiving support needs financial assistance to maintain their standard of living after a long-term marriage.

The court will consider all of the factors involved in the divorce, including the length of the marriage, the earning capacity of each spouse, the needs of the children, and the contributions of each spouse to the marriage, in deciding whether to award spousal support and for how long.

Meeting Residency Requirements for Divorce in Encino

California has its own set of divorce laws, including the residency requirements which must be met if you want to file for a separation or dissolution of marriage. According to the California Family Code, you must meet residency requirements before you can file.

One spouse will need to prove he or she has been a California resident for at least six months and has lived in the county where the filing takes place for at least three months.

If you are filing for a divorce in the state of California and do not presently meet the residency requirements, you have several options: You can stop your divorce and attempt to reconcile your marriage, or you can choose to establish a residency in California. If you want to do this, then you will need to wait until you have been in the state for six months and resided in the same county for three months. While you will need to wait this length of time to file, you can start on the paperwork prior.

Exploring Divorce Options in Encino: Collaborative and Contested

Choosing Collaborative Divorce in Encino

If you are seeking a divorce and you and your spouse agree on the majority of the terms of your divorce, you may want to pursue a collaborative divorce. This process allows divorcing parties to negotiate terms of their separation without going to court or threatening to go to court. This approach is considered to be a type of conflict resolution and helps both parties avoid expensive legal fees and the stress of going to trial to litigate your case. The terms and conditions of a collaborative divorce are usually more favorable than those of a judge-determined divorce and most couples will not feel the need to try to make modifications to their divorce decree in the future.

Navigating Uncontested Divorce in Encino

The majority of divorces in California are uncontested. An uncontested divorce is one that is resolved outside of the courtroom, such as through mediation, the collaborative process, or another out-of-court agreement. The final result is no less binding than a contested divorce in court, but the outcome is often more beneficial to all parties involved (both spouses and any children). In an uncontested divorce, spouses will often have more of an opportunity to come to a flexible agreement that works, rather than have to abide by a court-ordered judgment that may not be the most advantageous for everyone involved.

Continue Reading Read Less

Hear It From Our Clients

Every Case Creates An Impact
    "Received excellent counsel representation during my military divorce."
    Consummate professionals! Received excellent counsel representation during my military divorce. I highly recommend their services
    - Devin B.
    "The lawyers at Cutter & Lax, specifically Matthew Lax, are very intelligent, decisive and thorough when it comes to caring for their clients."
    Throughout my whole experience working with this firm, I always felt welcomed, comforted and supported. The lawyers at Cutter & Lax, specifically Matthew Lax, are very intelligent, decisive and thorough when it comes to caring for their clients. This is the only firm I would ever feel comfortable returning to when a situation presented itself. All around fantastic experience and outcome!
    - Danielle A.
    "He is very knowledgeable with military law and what my rights are as a active duty military member."
    The life experience that I am going thru right now is extremely tough! Being an active duty military member and going thru a divorce is something I don't wish on anyone, but having these guys on your side, especially Nelson Cutter makes the process much less painful. He is very knowledgeable with military law and what my rights are as a active duty military member. Thank you!
    - Charles N.
    "I was especially impressed with his control and approach in the courtroom."
    He very knowledgeable about the law and was able to give me his opinion through his experience with the law and the courtroom. He was patient in explaining the positives and negatives of the legal pursuits, along with the risks. I was especially impressed with his control and approach in the courtroom. He was direct, to the point, and would not back down. He won't let go. He is excellent at arguing the law and questioning witnesses.
    - Former Client
    "Matthew Lax and his partner are very good attorneys and when going through something as unpleasant as a divorce, it's good to have them on your side!"
    Cutter & Lax is a great law firm. I have a lot of family and friends that are satisfied clients. The Encino office is conveniently located and you are always greeted with a friendly smile. Matthew Lax and his partner are very good attorneys and when going through something as unpleasant as a divorce, it's good to have them on your side!
    - Ely G.
    "Matthew Lax made the experience of going thru a very difficult divorce very smooth."
    Matthew Lax made the experience of going thru a very difficult divorce very smooth and he was so knowledgeable and helpful and always available for any problems. He got me a very generous settlement that I didn't expect. Thank you from the bottom of my heart.
    - Sally L.
    "He was always responsive and really listened to my concerns and goals and worked towards achieving them."
    Had a wonderful experience with this law firm, Matthew Lax in particular. He is very knowledgeable and fights for you without creating unnecessary work and hardship in the process. He was always responsive and really listened to my concerns and goals and worked towards achieving them. Got a great result for me!
    - Ruth Z.