Updated: Dec 1, 2022
Planning to get a divorce? Consult with a pre-screened Divorce Attorney in Orange County
A divorce is considered a Termination of Marriage in civil terms. For parties in a Marital Relationship, this is a Domestic Partnership Breakup. The breakup terminates all legal relations. Residency conditions exist for getting divorced in California.
This means that you would have lived in California for the past six months. To file in Orange County, one party must have resided in Orange County for the three months immediately preceding the petition's filing.
When is a good idea to speak to an Orange County Divorce Lawyer?
Both parties do not need to consent to a divorce. One partner is unable to compel the other to remain in the relationship. Any partner may opt to terminate the union. By declining to engage in the case, the partner who doesn't want to divorce will not stop the process. Non-participation could lead to a default judgment, not to a divorce application being dismissed.
If the parties are unable to reach a divorce agreement and other marriage or relationship issues, the Court will make final rulings about how the couple will share what they owe, divide property, and decide whether one party will receive financial assistance from the other about the minor children and make other orders on related issues. If there's no agreement between both parties, it's a good idea to consult with a pre-screened Orange County Divorce Attorney.
In Orange County, there is a no-fault divorce statute. From the case's point of view, there is no need to show the "fault" of either spouse or partner in the breakdown of marriage or relationship. In California, the grounds for divorce are that there are irreconcilable discrepancies or incurable madness.
If you are not registered with California's State for a Domestic Partnership, you can not apply with the Court for the Dissolution of the Domestic Partnership.
For the divorce to become final, it will take at least six months. The six months that it takes for a divorce to become effective are counted from the date on which the spouse who began the divorce served the other with the petition and the summons OR when their first paper was filed by the responding partner, whichever occurs first.
After the first papers are filed, there is a process to follow to complete the dissolution/divorce. The Court also has to request some other papers. A divorce in Orange County is not final until the judge has signed a Judgment of Dissolution. The judgment form with the required attachments must be prepared by one of the parties and sent for signature.
Unless there is a default, each party may ask the judge from the divorce court to order spousal or partner support (alimony), child support, child custody and visitation, property separation, domestic abuse restraining orders, and any other orders on related issues. If there is a default and the other party has not replied to the petition, their right to have an opinion in the divorce judgment is effectively waived.
Couples married for less than five years who have no children, do not owe or own much, and agree on how their belongings will be divided may use a shortened procedure called a Summary Separation to manage their divorce. The breakup of domestic relationships does not make this mechanism available.
What is Legal Separation?
Legal Separation does not legally dissolve a marriage or domestic union but enables individuals to live separately and make their own decisions on income, property, and parenting issues. Often, for religious reasons or because of insurance or other benefits, people prefer this choice. Individuals are not free to marry again but can seek orders from the Court, such as debt division, land, custody, and support. To apply for Legal Separation in California, there are no residency conditions.
What is an Annulment?
In a nullity or annulment, stating that it was not valid from the outset, the Court ends the marriage or domestic union. The Court declares the marriage or domestic partnership invalid because of coercion, deception, bigamous or incestuous affairs, physical or mental incapacity, or because one spouse was too young to marry lawfully.
The Court will make final judgments about how the pair will share what they owe, split the land, decide if one party will receive financial assistance from the other, and make other orders on related issues. A nullity determines that there never was a marital status or domestic union.
Divorce In Orange County
There are many ways of terminating a marriage or domestic union in California: breakup (more generally referred to as divorce), legal separation, and nullity (also referred to as annulment).
Here you can find details that will help you determine which choice is right for you and your partner. Still, you should also consider contacting a Divorce Attorney in Orange County to be aware of your legal rights and the relevant legal issues in your case.
You may petition the judge for orders in a divorce or civil separation case, including custody of children, visitation, child care, spousal/partner support, division of assets and debts, and restraining orders.
You will be single until you are divorced, or the Court grants an annulment, and you will marry or become a domestic partner again. A marriage or domestic union is not dissolved by formal separation.
Before your case is final, a written judgment signed by a judge and specifying the date that your marriage or domestic relationship ends must be lodged with the Court.
All Dissolution (Divorce)/ Legal Separation/ Nullity (Annulment) Family Law papers must be filed ONLY at the Lamoreaux Justice Center at the following address:
Center for Justice Lamoreaux
341 South City Drive
Orange, 92868, CA
How long does it take in Orange County to get divorced?
For the divorce to become final, it will take at least six months. The six months rule are counted from the date on which the partner who initiated the divorce served the other with the Petition for Separation and the Summons OR when the other partner replied (filed their first paper), whichever is earlier. A divorce is not 100% final until the judge has signed a Judgment of Dissolution. Before a judge considers a judgment, several forms must be completed, and additional steps must be taken.
How To Find A Divorce Attorney in Orange County?
You can submit a request online 24 hours a day. Free case review within 15 minutes.
By calling the 24-hour lawyer referral hotline at 1-661-310-7999