Orange County Divorce FAQ
Need to Know More? Our Knowledgeable Attorney Has the Answers
Divorce may appear like a simple process, but it is governed by a specific
body of law regulating how divorce operates. If you are considering a
divorce, you owe it to yourself to be fully aware of how divorce works
in California so you can make informed decisions. To this end, the following
are some common questions regarding the divorce process:
What are the grounds for divorce in California?
Divorce in California is based on the “no-fault” concept that
all that is needed for a marriage to be dissolved is for the court to
find that “irreconcilable differences exist” between the spouses.
Effectively, this means that if only one party wishes to divorce, they
may obtain one even without the consent of the other spouse, no matter
the reason for the divorce.
How do residency requirements apply?
To be eligible for a divorce, one of the spouses needs to have been a
California resident for the last six months and a resident of the same
county where the divorce is to be filed for at least three months before
the filing for dissolution of marriage.
How long does a divorce take once the dissolution case is filed?
Marital statuses take six months to be terminated from the date the Respondent
is served with the Summons and Dissolution Petition. Having an Orange
County divorce lawyer at your side can facilitate the process and ensure
that no mistakes are made along the way to hold up the process.
What is “venue”?
This refers to the type of court and where the case will be field. In
California, the proper venue for divorce is the Superior Court in the
jurisdiction where the defendant lives.
What about legal separation?
Living apart does not constitute a legal separation. California law provides for
legal separation and both parties involved must agree to it. Such a judgment can be obtained
on the same grounds as those permitted for an action of dissolution of
marriage. The court decides the division of assests, child care, custody,
and other financial obligations. To learn more about whether or not legal
separation is for you, read more in our blog post titled:
Differences Between Legal Separation and Divorce.
How does property division work?
divide community property equally which is presumed to be all the property acquired by the parties
during the marriage and held together. You may contest certain property
that you feel is separate and not community property by a clear statement
in the title.
Have more questions? Do not hesitate to
contact us and speak with adivorce attorney from
The Law Offices of W. Douglas McKeague. With more than three decades of experience, we have the knowledge and
skills to give you answers and guide you in the right direction!
Free inital case evaluation is available!