Los Angeles – Divorce

Divorce Attorney in Los Angeles

Divorce can affect far more than the end of a marriage. Decisions involving your children, property, business interests, income, and financial security can have lasting consequences.

At Duncan Family Law, Los Angeles divorce attorney Nicole Duncan provides focused, strategic representation in contested and negotiated divorces — including matters involving substantial assets, business ownership, executive compensation, complex property division, child custody, and support.

Our approach begins with understanding what matters most to you, identifying the legal and financial issues that will shape your case, and developing a strategy grounded in careful preparation and sound judgment.

Schedule a Consultation

Divorce Representation in Los Angeles

From conventional dissolutions to the most complex estates.

Every divorce is different, and the right strategy depends on what is actually at stake. Our firm represents clients across the full range of Los Angeles divorce matters:

Contested divorce. When spouses disagree on custody, support, or how property should be divided, we prepare each issue for negotiation and, where necessary, for hearing or trial — so decisions are made with leverage, not under pressure.

Negotiated and uncontested divorce. Many cases resolve through disclosure, negotiation, or mediation. We structure agreements that are complete, enforceable, and built to hold up over time.

High-asset divorce. Where the marital estate includes a business, real estate, equity compensation, or significant investments, the financial work becomes the case. See our high-net-worth divorce practice for how we approach these matters.

Divorce involving children. Custody and support decisions shape your family for years. We handle them with the same rigor we bring to the financial issues — see child custody and child support.

Whether your matter is straightforward or highly disputed, you work directly with an attorney who understands both the law and the numbers.

Complex Property & Financial Division

Understanding the financial structure of the marital estate.

For many Los Angeles couples, dividing property involves considerably more than allocating bank accounts and a family residence. Marital estates may include closely held businesses, investment properties, retirement accounts, equity compensation, professional practices, trusts, and assets acquired before marriage.

California’s community property laws provide the framework for division, but determining the character and value of each asset often requires a detailed examination of financial records, acquisition dates, sources of funds, and the parties’ respective interests.

At Duncan Family Law, we focus on the financial questions that can materially affect a divorce settlement or judgment:

How this actually works

Why the date of separation can move the outcome

Under Family Code §70, the date of separation is the date of a complete, final break — one spouse’s intent to end the marriage, expressed by words or conduct, together with conduct consistent with that intent. It is not automatically the day someone moves out, and the court weighs the totality of the circumstances.

It matters because, under Family Code §771, the earnings and accumulations of each spouse after the date of separation are separate property. Move the date by a few months and a year-end bonus, a tranche of vesting equity, or a quarter of business profit can fall on one side of the line or the other. In high-income cases a disputed separation date is frequently a six-figure question — which is why messages, financial activity, and living arrangements become evidence.

●Business ownership and valuation. Identifying community and separate property interests, evaluating business income, and addressing ownership or buyout arrangements.

●Real estate and investment portfolios. Analyzing equity, acquisition history, debt, reimbursement claims, and potential tax consequences.

●Separate property tracing. Evaluating premarital assets, inheritances, gifts, commingled funds, and reimbursement claims.

●Executive compensation. Examining stock options, restricted stock units, bonuses, deferred compensation, and other employment-related benefits.

●Financial disclosures and discovery. Identifying missing records, evaluating financial representations, and obtaining the information necessary for informed decisions.

When appropriate, we work with forensic accountants, valuation professionals, and other qualified experts to evaluate complex financial issues.

The objective is not simply to divide assets. It is to understand the financial structure of the marital estate so that decisions are made with a clear view of their consequences.

How this actually works

How separate property is traced — and lost

Commingling separate and community funds does not, by itself, change the legal character of separate property. However, a spouse claiming that commingled funds remain separate generally must establish their character through sufficient evidence and an applicable tracing method. Deposit an inheritance into a joint account used for household expenses, and the burden shifts to the spouse claiming it to prove what remains separate — either by directly tracing specific funds, or by showing that community expenses had already exhausted the community funds in the account (the tracing methods recognized in See v. See (1966) and Marriage of Mix (1975)).

A related claim is reimbursement: under Family Code §2640, a spouse who traces a separate-property contribution to the acquisition of community property — a premarital down payment on a jointly titled home, for example — is generally entitled to reimbursement of that contribution, without interest or appreciation, absent a written waiver. Documentation is what preserves these claims; its absence is what loses them.

A hypothetical illustration

Consider a spouse who owns a business valued at $5 million. It is tempting to assume that figure translates into $5 million of divisible community equity. It rarely does.

The business may carry debt. Part of its value may be traceable to premarital effort or separate capital. One spouse may hold a reimbursement claim. The valuation itself depends on assumptions — the method used, the date selected, and how goodwill is treated. And a number on an appraisal is not the same as cash: a buyout has to be funded from somewhere. The right questions about characterization, debt, and liquidity often matter far more to the outcome than the headline valuation.

This example is hypothetical and provided for illustration only. It does not describe an actual client matter or predict any result.

Business Owners & Executives

When income and ownership are anything but straightforward.

Divorce is more complicated when a spouse owns a company or earns compensation that goes well beyond a salary. Closely held businesses, startup interests, restricted stock units, options, performance bonuses, deferred compensation, carried interest, and variable income each raise questions that a conventional approach is not built to answer.

These assets have to be characterized — how much is community and how much is separate — and then valued and apportioned, often using methods that turn on the purpose of a grant, its vesting schedule, and when the work that earned it was performed. Equity awards that vest after separation are a frequent flashpoint. California applies time-rule apportionment, but no single formula governs every award: the purpose of the grant, the service period it rewards, the vesting terms, and the applicable case law all shape how much is community property. The grant documents are the starting point.

Variable and deferred income also complicates support. A base salary is easy to read; bonuses, distributions, and equity that vests years later are not, and they require a careful look at what income is truly available and when it is received.

Nicole’s background in business and entrepreneurship is directly relevant here. For deeper treatment of two common issues, see our guides on how equity compensation is divided in a California divorce and business valuation in divorce.

How this actually works

Dividing stock options and RSUs

California courts may use time-rule formulas to apportion stock options and other equity compensation between community and separate property. In In re Marriage of Hug (1984) 154 Cal.App.3d 780, the court considered a formula based on employment from the commencement of service through separation relative to employment through exercisability. In In re Marriage of Nelson (1986) 177 Cal.App.3d 150, the court used a grant-date approach in the circumstances presented. The appropriate method depends on the purpose of the award, the relevant service periods, and the evidence. Neither formula automatically governs every stock option or RSU grant.

Hypothetical: an executive receives RSUs that vest over four years, and the couple separates two years in. Depending on the grant’s purpose and the dates the court selects, a time-rule allocation might treat a substantial portion as community and the remainder as separate. The purpose of the grant and its vesting terms, not the headline value, drive the result.

Illustration only; not a prediction of any result.

A hypothetical illustration

Why a 60% stake in an $8M company isn’t an $8M asset

Suppose a spouse owns 60% of a company valued at $8 million. It is tempting to treat that as an $8 million asset on the table. It is not. The analysis has to work through the value attributable to that 60% interest, the debt the company carries, how much of the interest is community versus separate property, and any reimbursement claims. What is actually divided is frequently resolved through a buyout, an offset against other assets, or another negotiated arrangement — rarely a literal split of the business.

Illustration only. It is not a valuation method or a prediction of any result.

Custody & Support in Divorce

How family and financial issues intersect.

Custody and support are rarely decided in isolation from the rest of the divorce. Parenting schedules affect support calculations; income questions affect both. In higher-income cases, the issues become more nuanced.

Custody and parenting plans. California decides custody on the best interests of the child — health, safety, and welfare; each parent’s involvement; and stability. Where a parent has perpetrated domestic violence within the previous five years, Family Code §3044 creates a rebuttable presumption against awarding that parent sole or joint custody. The parenting schedule you agree to also drives the support math, so the two should be planned together. Our child custody practice covers this in depth.

Child support at higher incomes. California uses a statewide guideline formula, but bonuses, equity compensation, self-employment income, and disputes over earning capacity can make the inputs the real battleground. See child support.

Spousal support. Temporary support is often set using a local guideline calculation to stabilize both households while the case is pending. Long-term (post-judgment) support is different in kind: it is determined under the factors in Family Code §4320 — the marital standard of living, each spouse’s earning capacity, the duration of the marriage, and more — not a guideline formula, and in high-income cases the analysis is part legal argument, part financial modeling. See spousal support.

Temporary orders. Early orders for custody, support, and use of property set the tenor of a case. Getting them right at the outset protects your position while the divorce proceeds.

Why Choose Duncan Family Law

Why clients choose Duncan Family Law for a Los Angeles divorce.

Direct access to your attorney

Duncan Family Law is intentionally structured around personal representation and focused case strategy. Nicole Duncan works directly with clients to understand their priorities, evaluate their legal position, and develop an approach suited to the issues at stake.

Business and financial understanding

Nicole’s background in business and entrepreneurship informs her approach to divorce matters involving companies, investment interests, executive compensation, and complex financial arrangements. This perspective is particularly valuable when legal decisions must account for business operations, cash flow, valuation disputes, liquidity, and long-term financial consequences.

Strategic negotiation and litigation preparation

An effective settlement strategy requires an understanding of both the available evidence and the risks of litigation. We prepare cases carefully, evaluate settlement opportunities realistically, and pursue court intervention when necessary to protect our clients’ interests.

Thoughtful, discreet representation

Divorce frequently involves sensitive financial information, personal relationships, and important family decisions. We approach these matters with professionalism, discretion, and attention to the long-term consequences of each decision.

Our philosophy is straightforward: thoughtful strategy, careful preparation, and sound judgment.

Meet Nicole Duncan

Credentials, experience, and the perspective behind the firm.

Nicole Duncan

Founder & Managing Attorney

Nicole Duncan represents clients in contested and negotiated California divorce proceedings involving business ownership, complex property characterization, disputed income, executive compensation, child custody, and spousal support. Her background in business and entrepreneurship informs her approach to financial disclosures, valuation disputes, liquidity concerns, and the long-term consequences of settlement terms.

California State Bar No. 328341 (Active)
J.D. Whittier Law School
B.A. Business University of Southern California — Lloyd Greif Center for Entrepreneurial Studies, USC Marshall School of Business
Certificate International Law, King's College London

Member: Los Angeles County Bar Association · Beverly Hills Bar Association · Consumer Attorneys Association of Los Angeles · American Bar Association. Recognized by Expertise.com among Best Child Support Lawyers in Hollywood.

Read Nicole's full biography

The Los Angeles Divorce Process

What to expect, step by step.

Every case is different, but most California divorces move through the same stages. Our firm manages the procedural requirements, deadlines, and filings so you can focus on the decisions that matter.

Filing. One spouse files a Petition for Dissolution of Marriage with the Los Angeles Superior Court.

Service. The other spouse is served and given time to respond, which opens the case.

Financial disclosures. Both spouses exchange mandatory disclosures of income, assets, and debts under penalty of perjury — the foundation for everything that follows.

Temporary orders. The court can issue interim orders for custody, support, and use of property while the case is pending.

Settlement, discovery & negotiation. Most cases resolve here through negotiation or mediation. Contested matters may require formal discovery, forensic experts, and evidentiary hearings.

Judgment. The court enters a judgment resolving all issues — by agreement, or after trial where a settlement cannot be reached.

Contested matters involving businesses, significant assets, or high-conflict custody may require valuation experts, forensic accounting, and trial preparation. We prepare every case as if it may be tried, which strengthens your position in settlement.

Preparing for Divorce in Los Angeles

What to do before you file.

The groundwork laid before a petition is filed often shapes the case that follows — especially where a business, children, or significant assets are involved. A few steps put you in a stronger position from the first filing forward:

●Gather financial records. Tax returns, pay stubs, bank and brokerage statements, retirement accounts, and loan documents. Complete records are the foundation of accurate disclosures and sound decisions.

●Identify separate-property claims early. Note premarital assets, inheritances, and gifts, and locate the documentation that traces them — the paper trail is what preserves the claim.

●Document income and compensation. Base salary is the easy part; capture bonuses, commissions, distributions, and equity or deferred compensation, which frequently become the real dispute.

●Think through temporary needs. Consider the custody schedule and interim support that will keep both households stable while the case is pending.

●Do not access a spouse’s private accounts. Logging into a spouse’s email, phone, or financial accounts without authorization can carry serious legal consequences and damage your position. When in doubt, ask counsel first.

Talk through your situation with Nicole

Los Angeles Courts & Local Representation

Familiarity with the courts where your case will be heard.

Los Angeles divorce matters are heard in the family law divisions of the Los Angeles Superior Court. Not every case is heard downtown: which courthouse handles a matter generally depends on where the parties reside, and the court assigns cases to a district and division under its local filing rules. The Stanley Mosk Courthouse hears a large share of family law matters, and regional courthouses serve their surrounding communities.

Because districts differ in their calendars, local procedures, and how they manage disclosure and motion practice, confirming where a case will be heard — and preparing filings to that court’s requirements — helps it move without avoidable delay. We represent clients throughout Los Angeles County from the firm’s Los Angeles office, and we confirm the correct venue and filing district at the outset of each matter.

Los Angeles office: 8075 W 3rd Street, Los Angeles, CA 90048 · (855) 369-9993

Google Review

“From the initial consultation through the final hearing, Duncan Family Law was outstanding. Nicole is organized, knowledgeable, and fearless in court. I recommend her without hesitation.”

Moncef A.

Google Review

“Nicole Duncan is an outstanding family law attorney. She helped me navigate a complicated divorce and custody dispute in Los Angeles and achieved a result that exceeded my expectations. Opposing counsel clearly respected her preparation and legal knowledge. Duncan Family Law is absolutely among the top divorce law firms in Los Angeles.”

Justin Y.

Google Review

“If you need a strong divorce attorney in Los Angeles, call Duncan Family Law. Nicole is responsive, strategic, and truly fights for her clients. I am so grateful I found this firm.”

Daniele D.

Google Review

“Duncan Family Law provided exceptional representation during one of the hardest periods of my life. Nicole Duncan is knowledgeable, aggressive when needed, and incredibly professional.”

Ricky B.

Google Review

“Nicole was an outstanding divorce lawyer who helped me navigate child custody with clarity and care. I’m incredibly grateful for her support.”

Moulouk A.

Google Review

“I honestly couldn’t have asked for a better lawyer. She’s incredibly honest, always responsive, and truly cares about her clients. Nicole did whatever it took to get things done and even went above and beyond.”

Google Review

“I cannot recommend Nicole Duncan highly enough. She listens to me, believes me, and fights for me and my child as if we were her own family, with professionalism, compassion, and an incredible command of the law.”

Alexis S.

Google Review

“Divorce proceedings are painful at best, but Nicole Duncan was a shining light through it all. I really appreciated her calm demeanor throughout the process. Her guidance ended in a final decision that left me very pleased.”

Sebastian R.

Frequently Asked Questions About Divorce in Los Angeles

How long does a divorce take in Los Angeles?

Under Family Code §2339, a marriage cannot be terminated until at least six months after the court acquires jurisdiction over the respondent — generally measured from the date the respondent is served with the summons and petition, or makes a general appearance, whichever occurs first. Simple, cooperative cases may conclude near that mark. Contested matters — or those involving business valuation, forensic discovery, or disputed custody — typically take longer, depending on the complexity of the estate and the court’s calendar.

How much does a Los Angeles divorce lawyer cost?

Most family-law representation is billed hourly against an initial retainer, with the total driven by complexity and how contested the matter becomes. An uncontested dissolution costs far less than a case involving a business, significant assets, or a custody trial. We discuss fee structure and likely cost ranges candidly at the consultation so you can plan.

How is property divided in a California divorce?

California is a community property state, so most assets and debts acquired during the marriage are generally divided equally, while separate property is confirmed to the spouse who owns it. The difficulty is usually in the details — characterizing commingled assets, tracing separate property, valuing a business or real estate, and resolving reimbursement claims.

What happens to a business in a California divorce?

A business is characterized as community, separate, or a mix, and then valued. Under Family Code §2552, community assets are generally valued as near as practicable to the date of trial, subject to statutory exceptions and circumstances that support an alternate valuation date. More often than not a business is not split operationally; instead, one spouse retains it and the other receives an equivalent share of other assets or a structured buyout. Valuation method, debt, goodwill, and the source of the capital that built it all affect the result.

Are RSUs and stock options divided in divorce?

Often, yes. Equity compensation granted during the marriage is typically community property, and awards that vest after separation are apportioned using time-rule formulas that turn on why the grant was made and its vesting schedule. The grant documents, vesting dates, and tax treatment all matter, which is why these awards deserve close analysis rather than a rule of thumb.

How is spousal support determined for high-income spouses?

Temporary spousal support is commonly determined using an applicable local guideline calculation, subject to the court’s discretion and relevant circumstances. Postjudgment spousal support is evaluated under the factors in Family Code §4320 rather than a temporary guideline formula. In high-income cases, bonuses, equity compensation, business distributions, and disputes over earning capacity may substantially affect the analysis.

How is child custody determined in Los Angeles?

California decides custody on the best interests of the child — health, safety, and welfare; each parent’s involvement and ability to provide stability; and any history of domestic violence or substance abuse. Where domestic violence has been found, Family Code §3044 establishes a rebuttable presumption against awarding custody to the offending parent. Custody includes both legal custody (decision-making) and physical custody (the parenting schedule), and either can be shared or primarily with one parent.

Can I protect assets I acquired before marriage?

Generally, separate property — assets owned before marriage, and inheritances or gifts received during it — remains yours, provided it can be identified and traced. The risk is commingling: separate funds mixed with community funds, or a separate asset improved with community money, can create community interests or reimbursement claims. Documentation is what preserves a separate-property claim.

Do I have to go to trial to get divorced?

No. Most divorces resolve through negotiation, mediation, or a settlement agreement without a trial. Trial becomes necessary only when the parties cannot agree on key issues. Even then, thorough trial preparation usually improves the settlement — both sides negotiate more realistically once they understand what a contested hearing would actually involve.

Offices

Beverly Hills

Duncan Family Law Divorce Lawyers Beverly Hills

Los Angeles

Duncan Family Law Divorce Lawyers Los Angeles

Denver

Duncan Family Law Divorce Lawyers Denver

Meet Our Attorneys