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Orange County Divorce FAQ

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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 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?

Courts will 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.

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