Ending your marriage is a major life event, and the divorce process in Orange County is often more challenging to navigate than many people expect. If you are preparing to get a divorce, it is important to understand the steps this process entails and what you can expect as your case unfolds. Working with an experienced Orange County divorce attorney increases your chances of reaching a positive conclusion.
In Orange County, a divorce case begins whenever a married person files a divorce petition with the Orange County Superior Court or when a married couple files a jointly signed divorce petition. According to 2023 US Census data, about 10.5% of women and 7% of men in the state have been divorced. Every couple who divorces in California must be prepared to resolve several important issues to complete the process.
Property division is one of the most important and, often, one of the most contentious aspects of a divorce case in Orange County. California enforces a community property rule, meaning that all marital assets and debts must be equally divided between the divorcing spouses. This process requires each spouse to submit a financial disclosure statement detailing their financial records.
Your Orange County divorce lawyer can be a tremendous help when it comes to compiling your financial disclosure. Any errors or omissions can lead to delays or even penalties from the court, so it’s important to have help from an attorney who can ensure completeness and accuracy. Your financial disclosure statement may not only be necessary to resolve property division, but also for child support and spousal support determination.
Most divorce cases in California begin as contested, meaning the spouses do not agree to all terms of their divorce and must resolve these issues before the divorce can be finalized. Some divorces are litigated, and this is a time-consuming, stressful, and expensive process for both parties. Many couples throughout California opt for alternative dispute resolution instead, streamlining their divorce proceedings.
Alternative dispute resolution, like mediation, usually only requires a fraction of the time that litigation would require, as long as both spouses are willing to compromise in their negotiations. This process unfolds at the convenience and availability of both spouses. Once they have reached mutually acceptable terms, they can submit their mediated divorce agreement to the Orange County Superior Court for a final review and approval.
Some divorces are more contentious than others, and some divorces entail issues that must be resolved by a judge. Whatever your case entails, you are more likely to resolve your case efficiently and reach optimal results when you have an experienced attorney representing you. An experienced family lawyer can help you understand the divorce process in Orange County so you can make more informed and confident decisions about your case.
Quinn & Dworakowski, LLP, can help you make sense of the divorce process, and trust our team to do everything we can to resolve your case efficiently. Once you have decided to divorce in Orange County, reach out to our team and schedule a strategy consultation to learn more about the legal services we offer.
No, it does not matter who files a divorce petition in Orange County. It’s a common misconception that being the filing party offers some advantage in divorce proceedings, but this is not true. All divorces in California are processed on a no-fault basis, so the filing party is not viewed as a plaintiff or victim. Once the divorce petition is filed, the other spouse will have the opportunity to submit a response to the court.
The time a divorce could take in Orange County depends on several factors, such as the overall complexity of the case, how contested the divorce is, and whether the divorcing spouses are willing to try alternative dispute resolution. It can take several months to resolve some divorce cases, and every divorce in California is subject to a six-month waiting period after the petition is filed before it can be finalized by the court.
Yes, it is possible to modify a standing divorce order in Orange County under certain conditions. For example, if you have a spousal support and/or child support order and your financial situation changes, you may have grounds to request a reasonable modification to your court order. The parties involved will need to attend a hearing where they can each speak on the issue. Approved modifications are usually implemented immediately.
You should hire an Orange County divorce lawyer to have a better chance of reaching a positive outcome for your case. The right attorney can help you streamline your proceedings through alternative dispute resolution if this is a valid option for your case, and they can also help you reach better results than you may have initially expected. It is always worth having an experienced attorney on your side for a divorce in Orange County.
Ideally, you should hire an Orange County divorce lawyer as quickly as possible after you have confirmed that your marriage will end. Hiring an attorney right away can ensure you meet all filing requirements with the court, and you will be better prepared to address any unexpected complications that arise throughout your proceedings. The more time your attorney has to prepare your case, the more quickly your case is likely to unfold.
The attorneys at Quinn & Dworakowski, LLP, have more than 40 combined years of experience representing Orange County clients in their divorce cases. The divorce process in Orange County can be confusing and stressful, but having legal counsel you trust on your side allows you to approach the situation with peace of mind. Contact us today to schedule your consultation with our team and learn how we can help with your divorce case.