The State of California was the first state to implement what is
called “no fault divorce”. That means that a dissolution of marriage in Orange
County, and throughout California, can be
granted if a court finds that the marriage has broken down due to
“irreconcilable differences”. This allows one married person to sue for
divorce
and be granted one even if the other person in the marriage disagrees. That has
made getting a divorce or dissolution of marriage much easier in California,
Orange County, and
in all the other jurisdictions which have enacted such laws.
To get a dissolution of marriage your first step should be to consult with an
experienced California divorce
attorney. They will help you draft a divorce petition which is then served to your
spouse. Your spouse then has thirty days to file a
response to the divorce petition. After that there is normally a request for a temporary order that will
deal with temporary child custody and support issues.
The next step in the process is a discovery process where the attorneys
for both sides submit oral and written presentations and ask each party questions
about income, property and assets. It may or may not involve direct testimony by
both of
the parties. Once this has been completed the parties and their attorneys will
normally discuss a possible settlement. If an agreement is reached, the attorneys
will prepare a Marital Settlement Agreement for both sides to sign and present
to the court.
If there is no agreement the judge may recommend mediation in an
attempt to resolve the outstanding issues, or the case may proceed directly to
trial. Following the trial, the judge will order the attorneys to prepare a Judgment
of Dissolution of Marriage that contains all of the court’s orders. This
judgment is then filed with the court and the court mails a Notice of Entry of
Judgment to each attorney.
In order to get a dissolution of marriage in Orange County, California one of the spouses must
have been resident of the state for a continuous six months and of the county
for a continuous three months prior to the filing of the petition.A marriage or domestic arrangement may also be dissolved by an annulment. Click
here to learn more about annulments.
If you have questions about a divorce petition, dissolution of marriage, or an
annulment, please contact our California family law
attorneys today! We can help advise you regarding the process and guide you
every step of the way. We will vigorously represent and defend your best
interests, while working to secure a binding agreement that protects your
rights.
Contact us online or call us
at 714-835-4444.
Related Information
Community Property in Orange County California
Separate Property Rights
Property Settlements
Pre-marital Agreements (Pre-nuptial)
Post-marital Agreements (Post-nuptial)
|
