Things YOU should know when Filing for Divorce in Orange County CA
Filing for divorce in California can be a simple process or a complex process. Your best option is to do some research online or talk to friends who have been divorced, and see what your options are. Before making any decisions, discuss your situation with an attorney, who can help you determine the best way to approach your divorce.
Even before you have hired an attorney, you have several options as to how to complete your divorce. These options depend greatly on whether you and your spouse or partner are on the same page with making decisions about divorce, the division of property, spousal support, partner support, child support and child custody. Domestic violence or abuse can also make a difference in the best way to handle your divorce.
If you have decided that filing for divorce, rather than a legal separation or an annulment is for you, then the following guide is a basic overview of the choices you will need to make and how the divorce process might look for you.
What is a Divorce?
Divorce is also called dissolution, whether you are in a marriage or a registered domestic partnership. A divorce ends your marriage or domestic partnership, and following the divorce, both parties are legally single. This means that you will file taxes as a single person, and you are both free to either remarry or enter another domestic partnership.
Under What Circumstances will a Divorce in California be Granted?
In California, you can file for a divorce for irreconcilable differences. This means that neither partner or spouse needs to prove that there was any wrongdoing in order to file for divorce.
What Needs to be Determined in a Divorce?
The reason that divorces can be complicated is when people do not agree on the following issues.
• The division of property and debts can be complicated when either party does not disclose certain assets, tries to hide assets, or the parties cannot agree on how to divide debts.
• Spousal support can be complex if the parties do not understand how it is determined, or if the parties cannot agree on whether spousal support should be granted.
• Child custody is a particular issue of contention in many divorces if the parents are more concerned with their own needs than with the best interests of the child.
• Child support is legally required in California, but must be determined in divorces where children are a part of the family.
Is there a Simple Way to Get a Divorce in OC CA?
If you and your spouse can agree on the terms listed above, your divorce may be simpler than going through litigation. You may also qualify for a summary dissolution, which is an easy way to get a divorce.
To qualify for a summary dissolution as a married couple, you have to meet the following requirements.
• You have been married for less than five years;
• You do not have children together;
• Neither party owns land or buildings;
• Neither party rents land or buildings except for where you currently live;
• You do not owe more than $6,000 in debts;
• You own less than $40,000 of debt that has been acquired since the date of marriage not including vehicles;
• Neither party has separate property worth more than $40,000, excluding vehicles;
• Both spouses agree that spousal support is unnecessary;
• You have both signed a property and debt division agreement.
Most people do not qualify for a summary dissolution, as it requires a short, amicable and simple relationship with your spouse. The process for filing as a married couple and a registered domestic partnership are slightly different.
What Criteria do I Need to Meet to Get a Divorce in California?
In order to divorce in California, you must meet the California residency requirements for a divorce in California. They vary slightly for married couples and registered domestic partners.
For a married couple to divorce in California, one spouse must have lived in California for at least the last six months, and in the county where the divorce will be filed for at least the last three months.
Same sex married couples may file in California without meeting these residency requirements only if they were married in California, currently reside in a state that does not recognize same sex marriages, and file for divorce in the county where they were married.
Domestic partners who registered their domestic partnership in California can divorce in California even if they have never lived in California. Domestic partners whose partnership was registered outside of California need to meet the same residency requirements for married couples. One partner must have lived in California for at least the last six months, and one partner must have lived in the county where the divorce is filed for at least the last three months.
In order to end both a same sex marriage and a domestic partnership at the same times, a couple must meet the requirements for both.
Anyone who lives out of state and divorces in California must be aware that the division of property and debt, spousal or partner support, child support and child custody may be governed by state law and difficult to enforce outside of California. Discuss your divorce with a skilled California divorce lawyer to determine the best way to handle your case.
Filing for Divorce in OC California with the help of an OC Attorney
The most complex part of a divorce is determining the terms of your divorce. This can be done in court, out of court, with the help of divorce lawyers, between you and your spouse or partner, or with the help of a mediator. If you are considering divorce, discuss your options with a qualified Orange County divorce attorney so that you can have the legal help that you require and create the best divorce settlement for your unique and changing family situation. Contact Yanez & Associates today to schedule your free initial consultation with a divorce lawyer.
In summary, when filing for divorce in Orange County it is important to understand what the law is for divorce in California. Divorce laws will vary depending on location. For instance, in California there is what is known as "no fault" divorces. No fault divorces mean that when you file the divorce paperwork you do not need to prove fault. When filing there will be a box to check that states, "irreconcilable differences" as the reason for divorce. Additionally, the duration for a divorce is a minimum of six months. There is what is known as a "six month waiting period". The sixth month waiting period allows for the parties to change there mind, or reconcile their marriage if they choose. This period of time allows time for reflection on both sides before the divorce is made official under the law.
If you are unsure of how to select a family law attorney there are several options to consider. First, you may want to converse with family members, relatives, friends and coworkers to see if they have a referral of family attorney's to provide you with. This is often beneficial because you will be able to ask them how there experience with these attorney's was. On the other hand, if you are unaware if anyone close to you has obtained a family attorney you may conduct research online. Conducting research online can help you to narrow down your search of top attorneys for Orange County. In addition, you will be able to browse reviews of the best attorneys in your area.
If you would like to move forward and take the next steps toward retaining a family attorney please call to schedule an initial consultation. For additional information regarding filing for divorce in Orange County please contact your local family law attorney's. Please call Yanez & Associates at 714-971-8000 for your free initial consultation. We look forward to assisting you with your family law matter.
Table of Contents
- 1 Things YOU should know when Filing for Divorce in Orange County CA
- 2 Under What Circumstances will a Divorce in California be Granted?
- 3 What Needs to be Determined in a Divorce?
- 4 Is there a Simple Way to Get a Divorce in OC CA?
- 5 What Criteria do I Need to Meet to Get a Divorce in California?
- 6 Filing for Divorce in OC California with the help of an OC Attorney