Filing for Divorce in Orange County
Helping You Navigate Divorce Laws in California
At Kevin B. Gibbs, APLC, I understand the anxiety and difficulties that many families face as they go through divorce. I am committed to providing the knowledgeable and dedicated counsel that is necessary for each case. You do not have to face the complicated legal process alone! Our Orange County divorce attorney is proud to provide seasoned and effective advocacy. Divorce laws in California have undergone many changes and developments over the past few decades. It may be difficult to navigate a modern divorce procedure without assistance. Therefore, it is crucial that you take action to protect your rights throughout the divorce process and that your best interests are the top priority in your divorce.
How Do I File For Divorce In Orange County?
If you wish to file for divorce in Orange County, a person must reside in Orange County, California for three months immediately following filing for the Petition of divorce. Even if both parties do not agree to a divorce, the person not wanting a divorce cannot force their spouse to stay. Either person can make a choice to end the marriage.
What Should I Factor in With My Divorce?
Every divorce is unique, and the experience is different for each person who goes through the process. Divorces are often complicated by a number of different issues that impact the people involved - such as their finances, whether or not they have children, and the division of any shared assets and properties. A small mistake can result in devastating consequences. A skilled Orange County divorce attorney can help you identify the matters that will affect your divorce and address them in a way that helps protect your interests and your future.
There are many things to consider in a divorce, such as:
What Are Grounds for Divorce in California?
California is a no-fault divorce state. This means that a divorce can be granted without attributing the end of the marriage to either spouse. The California family law code stipulates that there are two grounds for divorce: Irreconcilable differences Incurable insanity
Filing for divorce on the grounds of irreconcilable differences means that you and your spouse can no longer get along. Essentially, your marriage is broken and beyond repair. When you file for a divorce on the grounds of irreconcilable differences, you're not placing any blame on your spouse and you don't have to prove that they did something wrong. You simply must attest that your marriage is irrevocably broken.
If you file on the grounds of incurable insanity, then you will be required to provide proof, such as medical records or psychiatric testimony, to the court that your spouse is incurably insane.
The divorce team at Kevin B. Gibbs, APLC can help you understand California's grounds for divorce.
Finding the Right Approach to Your Situation
The dissolution of a marriage can happen through a number of different methods. Although some couples go through contested divorces that involve nasty legal battles, not all divorces have to follow this path. Rather than subject their families to an adversarial court process, some couples choose to pursue uncontested divorce. In these situations, the divorcing couple seeks to work out the various issues of their dissolution without contention. There are two alternative methods of resolution I recommend to couples:
Negotiating Agreements Through Mediation
- Divorce mediation is an effective way of resolving conflicts and negotiating fair terms for spouses. With the help of a neutral mediator, spouses can communicate their needs and interests with each other and make negotiations without the need of court litigation. In addition, hiring a divorce attorney serving Orange County is an optional choice. A skilled divorce mediator will have the legal knowledge and experience that couples need to reach positive solutions in their legal issues.
Positive Solutions with Collaborative Divorce
- Collaborative divorce is an alternative method of court-supervised divorce negotiation. Like mediation, spouses meet outside of court to negotiate the terms of their divorce agreement; however, these negotiations are still conducted with lawyers present. This allows couples to avoid the pressures and troubles of court litigation while still retaining legal counsel for the process. The spouses' attorneys present the divorce terms to a court once the negotiations are complete.