Want to Know how to Get a Divorce in Orange County?
FAQ: How to get a divorce in Orange County?
If you're facing a divorce or separation, you probably have a lot of questions.
How much will it cost?
How will I find a lawyer?
What's next for my family?
In order to understand how to get a divorce in Orange County, CA, you need to understand what the divorce process entails and how a lawyer can help guide you along the way.
How Orange County Divorces Work
Orange County divorces aren't what they used to be. In fact, they're very common now.
No one enters a marriage expecting to get divorced years down the road, but it happens.
Fortunately, you now have several options at your disposal to make the process as simple as possible.
It's important to remember that divorces are never simple or easy: they take six months to finalize even if you and your spouse agree on everything.
What does a divorce entail?
During the divorce process, you and your spouse will need to come to an agreement on four key factors:
- Property and debt division
- Child custody
- Child support
- Spousal support
When you're married, everything you purchase or accumulate is considered shared property. During your divorce you'll need to figure out how to divide that property.
This could include:
- Real estate
- Checking and savings accounts
- Intellectual property
Marriages usually involve a lot of financial collaboration so the lines between shared and separate property get blurry pretty quickly. Orange County divorce attorneys can help explain how and where to draw the line.
Factors that can complicate a divorce:
Many situations can complicate a divorce leading to a contested case or lengthy process including:
- Filling out paperwork incorrectly or missing filing deadlines.
- You and your spouse own a business together.
- You and your spouse accumulated a lot of property or debt during your marriage.
- You or your spouse have high incomes, investments, and savings.
- You don't agree with your spouse on child custody matters.
- One spouse is dependent on the other for financial support.
Orange County divorce attorneys explain types of divorce
Forget everything you've seen in the movies: not every divorce includes a heated court battle.
It's true that separations and Orange County divorces are a very emotional and stressful time, but they don't need to be overly dramatic if you and your spouse are willing to work together.
You and your spouse sign the agreement and go about your separate ways. An uncontested divorce may also occur if a spouse does not respond to divorce paperwork.
These are the simplest type of divorce but each state has different rules and criteria that must be met to qualify for a summary dissolution.
Couples are only eligible if they've been married for a short period of time (usually less than five years) and have not accumulated much in the way of assets or debts.
Mediation is a type of alternative dispute resolution that takes place outside the courtroom. You and your spouse meet privately with a mediator who guides the conversation.
Hopefully, you'll reach an agreement. The mediator does not make any final decisions: they simply facilitate the conversation and encourage communication.
Arbitration is similar to mediation, but an arbitrator is present instead of a mediator. The arbitrator acts as a judge and ultimately makes a final decision. This type of divorce also takes place outside the courtroom.
A collaborative divorce is another type of alternative dispute resolution. In this case, however, attorneys are highly involved. You'll meet privately with your spouse with your attorneys present.
From there, your attorneys will help negotiate an agreement.
If you and your partner can't seem to agree on any or all aspects of your divorce, you may need to enter a courtroom. Here, a judge will look over your case and make the final decision.
It's important to seek legal representation if you find yourself in a contested divorce.
How to get a divorce in Orange County with the help of a family law attorney
Lots of people avoid seeking out proper legal representation for their divorces. Some may not want to appear aggressive.
Others may expect the divorce to proceed without any complications while some simply may think they cannot afford a divorce attorney.
Even if you communicate well with your spouse and don't expect any problems, it is important to hire or at least speak to a qualified family law attorney.
Here's how a lawyer can help:
- Less stress: A lawyer can help you file all the proper paperwork, make phone calls, and explain the process. You won't need to go through the hassle of doing everything on your own. You have enough to worry about.
- Less risk of mistakes: Unless you're a legal expert, you could forget important information when filing paperwork – this does not look good in court. A lawyer makes sure everything is in order 100% of the time.
- Avoiding a drawn out legal process: If you fill out something incorrectly or miss a filing deadline, this could delay the rest of your case.
- Achieving goals: You probably won't see the outcome you were hoping for if you aren't completely clear about what your goals are. Lawyers know how to word everything correctly because they've been through this so, so many times before.
Yanez & Associates: Orange County Divorce Attorneys
Orange County divorces are never fast or easy. It's important to meet with a qualified lawyer to discuss your case and protect your rights. Yanez & Associates Divorce & Family Law Attorneys are available 24/7 and offers free, no-risk consultations. Call us today at 714-971-8000