Updated: Nov 11, 2020
If you are getting divorce in Orange County, you should consult with pre-screened divorce attorneys.
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 for the past six months, you would have lived in California. To file in Orange County, for the three months immediately preceding the petition's filing, one party must have resided in Orange County.
When is a good idea to speak to a divorce attorney in Orange County?
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, 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 annulment?
In a nullity or annulment, stating that it was not valid from the outset, the Court ends the marriage or domestic union. Owing to coercion, deception, bigamous or incestuous affairs, physical or mental incapacity, or because one spouse was too young to marry lawfully, the Court declares the marriage or domestic partnership invalid.
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.