Unlike many other states, absent a stipulation, California equally divides marital property — or community property. While aiming for the goal of a 50/50 split can sound more simplistic than aiming for an equitable split, the reality is that dividing a life together is never simple. From determining what constitutes community versus separate property to valuing complex assets like businesses and stock options, the divorce process requires careful legal guidance to protect your rights and financial future.
Filing for Divorce in Los Angeles County
Family Code section 2320 sets California's residency requirement: at least one party must have been a resident of California for six months and a resident of the county where the petition is filed for three months immediately preceding filing. Separately, California imposes a mandatory six-month waiting period from the date the respondent is served with the petition (or files a response) before the court can enter a final judgment of dissolution (Family Code Section 2339). These are two distinct requirements: the residency requirement determines where you can file, while the waiting period determines the earliest date your divorce can become final.
The basic steps in a California divorce include:
Filing the Petition. One spouse files a Petition for Dissolution of Marriage with the court, along with required financial disclosures. The other spouse is then served with the papers and has 30 days to file a Response.
Establishing the Date of Separation. The date of separation is a critical threshold issue in every California dissolution because it fixes the end of the community estate. Family Code section 70, which became operative on January 1, 2017, defines the date of separation as the date on which there is a complete and final break in the marital relationship, evidenced by one spouse expressing the intent to end the marriage and conduct consistent with that intent. Section 70 legislatively abrogated In re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Norviel (2002) 102 Cal.App.4th 1152, both of which had required physical separation into different residences. Disputes over the date of separation are common, particularly in cases where one spouse contends the relationship ended earlier than the other acknowledges, and the dispute can have substantial financial consequences.
Preliminary Declarations of Disclosure. Both parties are required to exchange comprehensive financial information, including income, expenses, assets, and debts. This transparency is mandated by law and is essential for fair resolution.
Temporary Orders. If immediate issues need resolution — such as temporary custody, support, or restraining orders — either party can request temporary orders from the court while the divorce is pending.
Discovery and Investigation. In complex cases, formal discovery may be needed to uncover hidden assets, determine true income, or establish the value of businesses and other complex property.
Negotiation or Trial. Most divorces settle through negotiation, mediation, or collaborative process. However, when agreement cannot be reached, the case proceeds to trial where a judge makes the final decisions.
Issues We Help Resolve
No divorce case is too complex for us to help you. We can help you through issues including:
Child Custody and Visitation. Determining where children will live, how parenting time will be shared, and how major decisions will be made. We advocate fiercely for arrangements that serve children's best interests while protecting parents' rights.
Child Support. Calculating appropriate support using California's guideline formula, addressing high-earner cases, and ensuring children receive the resources they need.
Spousal Support. Determining whether alimony is appropriate, in what amount, and for how long. We handle both temporary and long-term support issues with strategic precision.
Complex Property Division. Identifying, characterizing, valuing, and dividing all community and separate property — including real estate, retirement accounts, stock options, businesses, and intellectual property.
Domestic Violence Restraining Orders. Whether you and your loved ones are in danger of physical violence, or you have been wrongfully accused of committing violent acts or issuing threats, we provide the urgent legal protection you need.
Dividing Community Property Equally
California is a community property state, meaning that property acquired by a married couple during their marriage is presumed to be owned equally by both spouses. As set forth in Family Code Section 760: "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property."
In general, community property is owned equally by both spouses, regardless of who earned the money or whose name is on the title or deed. This means that each spouse has an undivided one-half interest in all community property.
One of the key points of contention in a divorce is determining what counts as community property and what is designated as separate property. Separate property includes:
Property owned before the marriage. Assets you brought into the marriage remain your separate property — provided they haven't been commingled with community funds.
Gifts and inheritances. Property received as a gift or inheritance during the marriage is separate property, even if received while married.
Property acquired after separation. Once spouses separate, new earnings and acquisitions are generally separate property.
Property designated as separate by agreement. Prenuptial or postnuptial agreements can characterize property as separate even if it would otherwise be community.
Dividing Businesses in a Divorce
If a business has expanded during the marriage, all of those profits could be treated as community property. You may also need to assess what future profits the business would generate and how to fairly compensate the non-owner spouse for their community interest.
Business valuation in divorce requires expert analysis. Common approaches include:
Income approach — valuing the business based on its expected future earnings, discounted to present value.
Market approach — comparing the business to similar businesses that have recently sold.
Asset approach — valuing the business based on the fair market value of its assets minus liabilities.
Additionally, a tracing expert may be needed to help trace separate property contributions to a business or other assets to determine if they should be considered part of the marital estate. This is particularly important when separate and community funds have been commingled over the course of the marriage.
With so much at stake in what often ends up as a subjective assessment, you need an advocate who is looking out for your rights and interests. Ms. Barsamyan is an aggressive litigator who will fight to protect your financial future.
Experts in Complex Divorce Cases
Complex divorce cases often require the involvement of various experts:
Forensic Accountants analyze complex financial situations, trace separate property, identify hidden assets, and determine true income for support calculations.
Vocational Evaluators assess a party's earning capacity when their current income doesn't reflect what they could earn. This is essential for both support calculations and imputation of income arguments.
Child Custody Evaluators conduct in-depth evaluations involving interviews, observations, psychological testing, and home visits to make recommendations to the court about custody and visitation arrangements.
Business Valuation Experts determine the fair market value of businesses and professional practices for purposes of property division.
Real Estate Appraisers establish the current market value of real property holdings, which is essential for equitable division.
In summary, complex issues in family law cases in California can require the expertise of not only these specialists, but a Certified Family Law Specialist with experience working closely with experts to build compelling cases and achieve favorable outcomes.
Advocating for Children During Divorce
Especially when we are representing parents, our goal is to help our clients continue to be the best parent possible throughout and after this process — helping them shield their children from the conflict and uncertainty that divorce inevitably brings.
We have helped our clients successfully resolve complex custody disputes, at times working with custody evaluators and other experts to work toward innovative, fair solutions that prioritize children's well-being.
While we will strive to keep you out of litigation if possible — to help wrap up your case more quickly and peacefully — we will not back down if we need to litigate in court. We are committed to advocating vigorously for custody arrangements that serve your children's best interests.
Spousal Support in Your Divorce
Judges hold significant discretion when it comes to determining if temporary alimony is needed, as well as determining the amount of spousal support paid while the divorce is in progress. In cases where one spouse requires support before becoming self-sufficient, long-term support is often ordered by the court. But even then, this is only supposed to be a stopgap measure — the supported spouse is expected to make reasonable efforts to become self-supporting.
Each case is unique and requires a creative, compassionate approach. Whether you are seeking support to maintain stability during your transition or defending against an unreasonable support request, our Certified Family Law Specialist can help you navigate this complex area of law.
Start Protecting Your Future Today
Even a "simple" uncontested divorce can bring a lot of emotional strain, financial uncertainty, and massive upheaval in your life. Whatever challenges you face in your divorce, you deserve experienced counsel who will protect your rights while guiding you toward the best possible outcome for your family.
At Barsamyan Family Law APC, we practice exclusively in family law, and our Certified Family Law Specialist is uniquely positioned to help you with every aspect of your divorce. From the initial filing through final judgment — and beyond, if post-judgment modifications become necessary — we provide the strategic, compassionate representation you deserve.