Divorce laws in California have undergone many changes and developments over the past few decades. It may be easier to navigate a modern divorce procedure with 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.
Divorce Requirements 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 choose 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 several 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 slight mistake can result in devastating consequences.
A skilled divorce attorney in Orange County can help you identify the matters that will affect your divorce and address them in a way that helps protect your interests and future.
There are many things to consider in a divorce, such as:
Is California a No-Fault Divorce State?
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 and 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 must attest that your marriage is irrevocably broken.
If you file on the grounds of incurable insanity, you will be required to provide proof, such as medical records or psychiatric testimony, to the court that your spouse is incurably insane.
Our Orange County divorce lawyer can help you understand California's grounds for divorce.
What is a Wife Entitled to in a Divorce in California?
A wife In California is entitled to 50% of marital assets and 40% of her spouse's income in various conditions. Nevertheless, there are no definite guidelines to determine alimony. Despite this, however, spousal support in California aims to preserve the standard of living for the lesser-earning spouse.
Dissolution of Marriage in California
The dissolution of a marriage can happen through several 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 an 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:
What is Divorce 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 for 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 resolve their legal issues positively.
What is Collaborative Divorce?
Collaborative divorce is an alternative method of a 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. The spouses' attorneys present the divorce terms to a court once the negotiations are complete.
Contact Kevin B. Gibbs, APLC today to schedule a FREE consultation with our Orange County divorce attorney!
"I used Mr. Gibbs for my divorce. He was great, very knowledgeable and professional! He was excellent at letting me know the options I had and pointing me in the best direction. He was upfront and honest about outcomes. I was very happy with his service."Joshua Lott
"I could not have asked for a better experience in the midst of a bad situation than working with Mr. Gibbs. He was honest and fair and patient and kind."Rebecca Sterling
"He is a great family law attorney and I would definitely recommend him to a friend or family member in need."Les D.