California, Orange County, and Working with a Divorce Attorney
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For a divorce attorney, OC and the State of California have specific legal
rules that may affect the way in which your case is handled. These rules
influence when it is permissible to seek a divorce, how long the process
takes, and more.
Below we offer information from a divorce attorney, OC lawyer Douglas McKeague,
who explains these legal requirements and describes what to expect in
working with the court system. After you have had a chance to read this
overview, we invite you to
contact Mr. McKeague for a free consultation.
No-Fault: In California, a divorce is called a dissolution of marriage proceeding.
As you will learn after counseling a divorce attorney, OC and the State
of California are “no fault.” This means that you and your
spouse can have a dissolution of marriage proceeding by claiming that
irreconcilable differences have come about in the relationship. You do
not need to present proof of these differences. While there are other
ways to terminate the marriage, this is the most common that divorcing
couples use. As a result of this “no-fault” status, no spouse
can stop his or her partner from seeking a divorce in OC.
Timeline: Divorce attorneys in California can counsel you on the specifics, but you
should know in advance that it takes a minimum of six months plus one
day to be entitled to end one’s marital status. That timeline starts
only after a Petition for Dissolution of Marriage has been served to one
of the parties. Note that it may not take six months for a case to be
settled or handled in front of a judicial officer; in fact, a judgment
or a settlement may be reached long beforehand. However, couples must
still wait the minimum time for the marital status to change officially.
Enforcement: An experienced Orange County family law attorney will help clients navigate
the challenges that come about when the opposing party refuses to follow
court orders or legal settlements. The laws of the State of California
provide a variety of options for enforcement, including contempt proceedings,
wage assignments, and garnishments. Judgments are swift and help to ensure
that the parties comply.
Environment: From the perspective of working with a divorce attorney, OC is an efficient
place to pursue a claim. While the process is not a pleasant one, you
as the client can take some comfort in knowing that the judicial officers
who hear cases are attentive, skilled, and experienced. Unlike in other
areas of the country, they often give hearings and full trials to those
who seek them and deliver results in a timely fashion. As a result, you
may spend less time and money in trial work.
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