Guiding You Through the Divorce Process

Divorce is an emotional and stressful experience. When you hire a lawyer to represent you in a divorce case, you are looking for someone who not only knows the law but also understands what you are going through and is committed to helping you achieve a positive outcome.

At the Law Offices of Susan H. Witting, I strive to offer my California clients honest assessments, compassionate representation, creative resolutions and zealous advocacy. As a certified family law specialist, I have decades of experience helping California residents divorce and legally separate.

Keeping Your Options Open For Resolving Difficult Issues

The divorce process in California most times deals with community property of the marriage and how to divide it. If you have children, child custody and child support will need to be addressed. Spousal support may also be appropriate. These important issues can be resolved in several ways:

Negotiation: A great majority of divorces can be resolved through negotiations between the parties and their attorneys. In such a case, a divorce can be resolved without either party possibly having to go to court. I firmly believe that a settlement where both parties can work it out with the help of experienced legal counsel provides an optimal outcome and reduced acrimony.
Mediation: Mediation, as an option for settlement, generally involves the parties retaining an experienced family law attorney to help guide them neutrally on the law, explaining options, and assisting them in coming to a consensus. I have experience mediating many divorces over the years. This option keeps the parties in complete control of their divorce. I also can assist a party who is going through mediation but desires their own attorney to assist them in the process.
Litigation: If negotiation does not resolve the issues in a family law case, the matter can go before a judge to hear and rule on contested issues. It is important to have experienced legal counsel at a hearing or trial before the Court to help navigate the complexities of the law and trial process.

It is important to keep all of these options open until your divorce is resolved. If you choose my firm to handle your case, I will assist in handling all of the necessary legal procedures and explore all options for resolving your case.

Legal Separation As An Alternative To Divorce

In some cases, couples may decide to legally separate and live apart rather than divorce. An individual may seek a legal separation due to religious or other personal or financial reasons, or because he or she hasn’t yet meet California’s legal residency requirements for divorce.

If you choose to legally separate from a spouse, you remain married in the eyes of the law, but go through a process much like during a divorce where you and your spouse negotiate and work out arrangements related to finances and related obligations, child custody and visitation and child and spousal support.

Frequently Asked Questions About Divorce

Divorce raises questions about family, finances and legal procedures. As a certified family law specialist, I provide direct, effective legal counsel to help you resolve your issues in divorce.

The following answers address just a few key issues clients have wondered about. I am happy to answer your specific questions in a consultation.

Can your spouse move your children out of California without your agreement before the divorce is final?

No. As soon as a divorce petition is filed and served, California issues Automatic Temporary Restraining Orders (ATROs) that immediately prohibit either parent from removing minor children from the state without prior written consent or a court order.

If your spouse attempts to move your children out of California without your written agreement or a court order, they are violating the Automatic Temporary Restraining Orders.

You will need to request an ex parte application for an emergency court order through the Ventura County Superior Court to prevent the move or enforce the return of your children.

How are corporate or biotech stock options divided in your divorce?

Stock options and restricted stock units (RSUs) granted during your marriage may contain a community property component under California law, even if they have not yet fully vested at the time of separation.
That is to say, a portion of these assets may be considered part of the community estate that belongs to both spouses and must be divided.

Because many Thousand Oaks residents work for large corporate, aerospace or biotech employers offering deferred or equity compensation, your lawyer will need a keen understanding of how this type of compensation is valued and divided in a California divorce.

California courts apply specific mathematical calculations, such as the Hug formula or the Nelson formula, to divide community equity from separate property.

Options granted for past effort/performance during the marriage usually utilize the Hug formula. Options granted as an incentive to remain with the company post-separation typically utilize the Nelson formula.

Using these formulas, the court determines the exact proportion of community versus separate property based on:

The date your employer granted the stock options
The date you and your spouse separated
The date the options or RSUs fully vest

In general, options granted to reward past performance during marriage belong to the community estate and will need to be divided.

Options that were granted during marriage but which vest after separation to incentivize future employment are apportioned between community and separate property using the time-based formulas above. Only the portion of the option considered community property will ultimately be divided.

Where do you file for divorce if you live in Thousand Oaks?

You file your divorce petition with the Ventura County Superior Court at its main courthouse, the Ventura County Hall of Justice, located at 800 South Victoria Ave. in Ventura, California, 93009.

All family law matters for Thousand Oaks residents – including divorce filings, child custody hearings and spousal support orders – are handled through the Ventura County Superior Court.

To file for divorce in Ventura County, you or your spouse must meet both Ventura County’s and California’s legal residency requirements:

You must live in California for at least six months prior to filing.
You must live in Ventura County for at least three months prior to filing.

At the Law Offices of Susan H. Witting, I can ensure you file correctly and help you reach a fair result in your divorce.

Call For Help With Your Divorce Or Legal Separation

My office is conveniently located right off the 101 freeway in Thousand Oaks with free parking. If you need assistance with your divorce or separation case, do not hesitate to call. You can reach me at 805-409-4138 or send me an email to schedule a consultation.