Divorce may feel like a forbidden topic, but sometimes in marriage it is the only way to move forward. Divorce is the ending of a union, but it’s also a beginning – the start of a new life for you and your spouse. Filing for a divorce can be a daunting experience, especially if this is your first marriage. The Santa Ana divorce lawyers at Boyd Law can make the process much simpler for you, guiding you through the steps and legal representation for your best interests during mediation or trial. Our Orange County divorce attorneys can help you dissolve your marriage according to your specific goals and needs.
Why Choose Our Lawyers for Your Santa Ana Divorce?
- Our founder and lead trial attorney, Karie Boyd, is a Certified Family Law Specialist. This means she has undertaken additional education and training in family law that uncertified divorce lawyers have not.
- Boyd Law has experience handling all types of divorce cases in Santa Ana, including contentious divorces, military divorces, high-net-worth divorces, divorce mediation and arbitration, and celebrity and high-profile divorce cases.
- We put the well-being of our clients first. Clients commend us for constantly putting them first, treating them with the utmost respect and professionalism, and paying attention to every detail to achieve optimal results.
How Hiring a Santa Ana Divorce Attorney Can Benefit You
Divorce cases in Santa Ana can be highly emotional. However, at its core, a divorce is a legal transaction. It is critical to distance yourself from the personal side of a divorce by hiring a divorce lawyer in Orange County to represent you during the legal process. A lawyer will make sure that your rights and interests are protected and represented at every turn.
You can trust your lawyer to pursue your goals during a divorce mediation meeting, arbitration or a trial. Your lawyer can handle confusing petitions and legal paperwork, negotiate a fair case outcome with your spouse’s attorney or the courts, advocate for the child custody and property division arrangements you want, and help you organize your assets to prepare for the future with less stress.
What Is a Certified Family Law Specialist?
A Certified Family Law Specialist (CFLS) is an family law attorney who has received certification from the Board of Legal Specialization of the State Bar of California. This means the lawyer has taken extra steps to qualify for certification in family law. These extra steps are optional and show the lawyer’s dedication and commitment to his or her practice area. Taking the extra steps to receive certification gives a lawyer more knowledge and experience in family law than the average attorney.
- Proof that the attorney is an active member of the State Bar of California and is currently in good standing.
- A formal examination to demonstrate the lawyer’s expertise in family law. This is a comprehensive written test that requires more in-depth expertise than the general bar exam.
- Specific experience and continued education in the family law practice area. The lawyer must have substantial experience in family law as well as have completed approved legal education requirements.
- A submission of references by colleagues to attest to the skill of the lawyer. Other attorneys, as well as judges, must evaluate the lawyer favorably for his or her knowledge, skill and experience in family law.
The State Bar of California wants to see that a certified specialist is constantly maintaining and improving his or her knowledge of family law. Thus, a family law specialist certificate expires every five years. The lawyer will not need to complete the written test again for certification renewal; however, he or she will need to continue complying with the other standards listed.
For example, the lawyer must attend at least 36 hours of continuing family law education every three years to continue qualifying as a specialist. Hiring a certified family law specialist means having the most capable lawyer possible handling your divorce case.
What Are Marriage and Divorce Rates in Santa Ana?
Santa Ana, California, sits adjacent to the Santa Ana River in the south of the state. It was founded in 1869 by William H. Spurgeon and incorporated in 1886 with a population of 2,000. Today, it is the second most populous city in Orange County, with 329,427 residents as of the last census. There are around 74,757 households in the city, with 41,389 (56.3%) households containing opposite-sex married couples and 556 (0.8%) same-sex married couples.
Although California is one of five states that does not report divorce statistics to the federal Centers for Disease Control and Prevention, an article from David Whiting of The Orange County Register states that on average 33 people in Orange County initiate divorce proceedings every day. The divorce rate in O.C. is 60%. According to national statistics in 2015, 3.1 people per 1,000 population divorced while 6.9 per 1,000 married. That’s a divorce rate of around 45% – 15% lower than Orange County’s rates. Why are so many Orange County residents filing for divorce? Some of the most common reasons to dissolve a marriage are lack of communication, financial problems, infidelity, and addiction.
California Divorce Laws
Before you can file for divorce in California, you must have proof of residency. You or your spouse must have lived in the State of California for at least six months before you can file. In addition, you must have lived in Orange County for at least three months before filing your divorce petition with the civil courthouse in this county.
In California, you may file for divorce without having to prove that one spouse did something wrong. It is a no-fault divorce state. To file, one must simply state “irreconcilable differences” as the reason – in other words, the couple cannot get along. Regardless of your reason, if you know divorce is the right thing to do, consult with a family law attorney in Santa Ana.
An attorney can help you navigate the laws surrounding a divorce in California, such as the community property law. California is one of only a few states in the country that view a married couple as its own community for the purpose of dividing debts and assets in a divorce case. Under this law, all marital property will be divided in half – each spouse awarded 50 percent – in a divorce, regardless of whether this is fair.
How Long Does a Divorce in Santa Ana Take?
The timeline of your divorce case can vary considerably based on the facts of your case and what it will take to resolve. The most important factor when determining how long your divorce will take is the type of case you have. The fastest divorce cases are no contest divorces. A no contest divorce is one in which you and your ex-spouse work together to agree on its terms. Rather than having to present your case to a judge at a trial in Santa Ana, you and your spouse can create your own settlement out of court if you have a no contest divorce.
No-Contest Divorce: Six Months
The average no contest divorce in California takes about six months. The six-month timeline comes from California’s mandatory waiting period. The waiting period is an amount of time a couple must wait before a judge will finalize a divorce. Its purpose is to decrease the number of couples that change their minds and file motions to reverse their divorce judgments.
In California, no couple can divorce faster than in six months. You and your spouse can work out a settlement and get everything in order in this time, however, so a judge can approve and finalize the divorce right at the end of the six-month wait.
Contested Divorce: One Year or Longer
A contested divorce means that someone does not agree with the terms the filing spouse has laid out in the divorce documents. If your case has to go to trial due to a contentious marriage (e.g., you and your spouse cannot agree on child custody or property division), expect to spend a year or longer getting divorced in California.
You may be able to reduce the amount of time it will take to get a divorce by hiring an attorney. An experienced divorce lawyer will know all the secrets to speed up a divorce, such as filing complete paperwork and working out a settlement agreement rather than going to trial.
Your lawyer will also understand the family court system and how to make the entire process more efficient. Discuss your specific case with our divorce attorneys at Boyd Law for an estimate of how long your divorce might take to finalize.
When Should You Hire a Santa Ana Divorce Lawyer?
Divorce lawyers are especially important for effectively handling complex or high-stakes cases. If you have a lot on the line during your divorce, either personally or financially, a lawyer will protect your interests as aggressively as possible.
The following scenarios generally point to the need for an attorney:
- Your spouse has hired a divorce lawyer.
- Your divorce involves minor children.
- You have a complex or high-value divorce case.
- You or your spouse signed a prenuptial or postnuptial agreement.
- You have a highly contentious divorce.
- You or your child is a victim of domestic violence or abuse.
- You need to file a restraining order or emergency custody order against your spouse.
- You believe your spouse is an unfit parent and wish to pursue full custody.
Any issues or factors that could potentially lead to challenges during your divorce case likely mean that you need to hire a lawyer. Otherwise, if you simply wish to improve the outcome of your divorce case in Santa Ana, contact an attorney to discuss representation.
Contact Boyd Law for a Free Divorce Case Review in Santa Ana
If you know that divorce is the right move to end your relationship, consult with the family law lawyers at Boyd Law right away. A discussion with one of our divorce attorneys can help you understand what type of split is best for you, and what paperwork you must file to get the ball rolling. We have the documents you need to file for divorce in Santa Ana, as well as connections with experts to help you and your spouse draw up child custody, child support, and spousal support agreements if necessary.
Our Southern California law firm has everything you need in one convenient location. If your divorce involves high-value assets, children, child/spousal support agreements, a jointly owned business, or another element that makes it complex, we suggest retaining an attorney from our Orange County law offices. The same is true if you or your spouse is contesting the divorce. This means that someone does not agree with the terms the filing spouse has laid out in the divorce documents.
A Southern California divorce lawyer can help negotiate contested divorce cases or provide legal advice and support during mediation. Call our family law attorneys at (949) 753-1028 to schedule a free initial consultation, or contact our law firm via our free online form today.