Once you decide to file for divorce, the next step is learning how this legal process works in Orange County, California. You must take certain steps to initiate and finalize your divorce. Knowing what to expect from the legal process involved in a divorce can help you prepare for what comes next.
How to Start a Divorce in Orange County
Initiating a divorce proceeding in Orange County is done by filling out and filing the Petition for Dissolution of Marriage or Domestic Partnership. You will need to provide basic information about your marriage and the types of orders you desire the court to make about decisions such as the division of your marital property.
If you have children together, you will also need to submit Form FL-105. To file for divorce with the Superior Court of Orange County, you will have to pay a filing fee of $435 to $450. If you cannot afford this, you can ask the court if you qualify for a fee waiver that can cover most of the cost.
California is a no-fault divorce state. This means you do not need any type of evidence of wrongdoing, such as adultery or abuse, to get divorced in California. You can simply use the reason “irreconcilable differences.”
Your Spouse’s Response and Negotiations
When you submit your paperwork to file for divorce in Orange County, you also need to fill out the Summons. This will be served on your spouse by a professional. This document explains that you have initiated a divorce proceeding and that your spouse has 30 days to respond.
Your spouse can respond with his or her own desires for the outcome of the divorce or choose not to respond, which will lead to the courts granting you a default divorce (where your proposed settlement is automatically approved). If your spouse does not agree with any aspect of the divorce, the case will move to mediation.
Mediation is an informal meeting between both parties (and their attorneys, if desired) and a mediator. The goal of mediation is to craft an agreement between the parties and avoid going to court. If mediation fails, you may have no choice but to bring your divorce case to trial in Orange County.
What to Expect During Divorce Court in Orange County
If a couple cannot compromise on the aspects of their divorce, a judge will make these decisions for them after hearing facts and evidence from both sides of the case. Property division decisions in court are made using the state’s community property rule, where all marital debts and assets are divided down the middle (50/50) between both spouses.
By contrast, decisions regarding child custody are carefully made based on the unique facts of the case. The main concern is preserving the best interests of the child. A divorce trial can be long and arduous, taking up to one year or longer. An uncontested divorce that does not have to go to court, on the other hand, can typically be resolved within about six months.
Do You Need to Hire an Orange County Divorce Lawyer?
The divorce process can be challenging due to the emotional nature of these cases. If your divorce involves factors such as young children or high-value assets, it can be even more difficult to navigate. One of the most important things you can do for yourself is to hire an experienced Orange County divorce lawyer to represent you.
A lawyer can handle the divorce process from start to finish, protecting your legal rights every step of the way. From attending mediation meetings as your legal advocate to representing you in divorce court, you can count on your lawyer to be in your corner. To discuss whether your divorce case could benefit from an attorney in Orange County, contact Boyd Law for a free consultation.
