Orange County Divorce Attorney
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Individuals choose to enter into marriage with another person for many different reasons, and while some of these marriages last, many others do not. People grow and change, and sometimes this change causes couples to realize their differences and come to the conclusion that dissolution of marriage is the best option for them.
When you contact The Hunter Law Group about your divorce, you will receive the legal counsel and assistance that you need to have a smooth divorce process. Here at The Hunter Law Group, we understand the tough nature of divorce and the difficult decisions that must be made along the way. Our Mission Viejo divorce attorneys are standing by to help you through each step of the legal process involved, and our advice is rooted in many years of experience in this area of law.
Types of Divorce in Orange County
One of the most important things to remember is that you have options. Your divorce lawyer can walk you through your rights and the various ways that your divorce can be settled. We truly care about you and your future, and will work tirelessly to accomplish your goals regarding child custody, visitation, spousal support, child support and more. Regardless of your situation, we will devote personal time and attention to attend to your needs. At our firm, we understand that you deserve the best divorce lawyer in Mission Viejo because this involves more than just right now, it will impact your future.
While no divorce is truly uncontested, there are some cases where couples can come to agreements and compromises to help the divorce process move quickly. Avoiding trial and litigation is one great way to keep the process moving quickly and peacefully, but it requires each party to be amicable and able to interact with one another to some extent.
When there are hostile disagreements and a divorce case goes to trial, this may be considered a contested divorce. The most common areas of contestation are generally over issues such as child custody, division of property and other various issues. The more highly an issue is contested, generally the longer it takes to reach a conclusion. In some cases, the decision will be left to the discretion of the judge.
No-Fault Divorce in California
"At-Fault" Divorce in Other States
In some states, you need to prove a reason why you are divorcing from your spouse. You can show that your spouse was unfaithful, or that he or she is abusive. You can also prove that your spouse is not good with the children, is an alcoholic or drug addict, or has no interest in the family.
"No-Fault" Divorce in California
In California, no accusations and finger-pointing is necessary. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that they have been unable to work through in their marriage – this is considered a “no-fault divorce”. The California courts don't require either spouse to prove infidelity or another "marriage-breaking" action.
Do Faults Matter in California?
Some spouses may want to prove that a husband or wife was at-fault in order to determine alimony or settle property issues. For example, if a husband cheated on his wife, the court may decide to skew the property division in the wife's favor. This will only work in some courthouses, and should not become a main point of contention in the court case. It is more a matter of emotional and sympathetic action than an actual legal discussion that will determine who gets what in a divorce case. In fact, the California law states that courts cannot punish a party who has an affair.
Difficult to Oppose a "No-Fault" Divorce
Because of "no-fault" divorce, there are no built-in advantages to being the first to file for divorce in California. If you and your spouse are both in agreement that a divorce is necessary, than either of you can file and you will receive the same benefits as if you had been the second to file the petition. The person who files first will be called the petitioner during the case, and the other spouse will be known as the respondent. In "no-fault" divorce states, it is difficult for the responding spouse to stop the divorce process. For example, if you don't approve of the divorce and want to stop it, it may be difficult for you to do so.
Grounds for Divorce in California
The state of California will allow persons to file for a divorce under irreconcilable differences or incurable insanity. Irreconcilable differences are disagreements that a couple is unable to resolve, which may make the marriage irretrievable. Under this, neither party is held at fault and it is one of the most used reasons to dissolve marriage. The other option is incurable insanity, which is when one spouse is medically proven to be psychologically imbalanced.
To use this, two medical professionals must attest to the spouse's mental capacity at the time the petition was filed. In addition, the couple must not have lived together for at least three years. To file for a divorce in California, it is important to note that you or your spouse must have lived in the state for at least six months and in your particular county for at least three months. For a legal separation, however, there is no residency requirement.
How Long Will Your CA Divorce Take?
Depending on the circumstances of your divorce, it could take anywhere from a few months to a couple of years. The length could be affected by your personal agreement with your spouse, statutory regulations, and the availability of the court. If the divorce is contested, then often the process takes much longer. For uncontested divorce, it can take anywhere from a few weeks to a few months for the divorce to be finalized.
What Happens to Finances in a Divorce?
Worried about the future of your finances? There are many different facets to the divorce process, especially when it comes to assets, debts and support payments. Depending on the circumstances of your divorce, you could be facing a variety of different issues, all of which could affect your financial standing. Make sure to protect what is rightfully yours and receive the spousal or child support you deserve.
Things to Consider Before Divorce
Choosing to file for a divorce is a very big decision, so you want to go over a few questions with yourself to make sure that you are doing what is best for you and your family. Remember, divorce is different from legal separation.
Evaluate the "problems" you and your spouse have within the marriage.
Many family therapists separate couples problems into two distinct categories:
hard or soft.
- Hard problems relate to the overall well-being and safety of yourself and the family. If your spouse is abusive or is dealing with an addiction to alcohol, etc., this would be a hard problem and you will want to get away in order to protect your family.
- Soft problems are more general every day issues such as feeling alone or isolated, or feeling as though your spouse is being super critical or is otherwise making you unhappy. Consider seeing a martial therapist before jumping into a divorce prematurely.
Ask yourself whether or not you and your spouse are already living the
"divorced" life? If you are already feeling divorced, maybe
it is time to just make this a reality and make life easier for the two of you.
- Do you find that you stay at the office past work hours nearly every day and then proceed to go out with your office friends until late at night?
- Does your spouse work late and then head straight to the gym and then watches television and is long in bed before you walk in the doors?
- Are you sleeping in separate beds or there is an imaginary wall separating you and your spouse as you still "share" the same bed?
Another aspect to consider is one or both spouses not feeling "loved"
anymore. Before filing for a divorce, try to think through if there is
even the smallest hint of love left in your marriage.
- Perhaps you are the wife, and you remember all those years of your husband bring you home flowers every Friday evening because he got out of work early and would stop by the flower mart on his way home.
- Husband, perhaps you remember when your wife would greet you at the door with a cold glass of water, a kiss, and a warm greeting every time you came home from a long day at the office.
Considering spousal support payments with your divorce? Learn to calculate here,
Contact Our Orange County Divorce Lawyer Today
Many of these issues can and will arise in a divorce case, and they will require some serious consideration before coming to a decision as to the best option to take. If you are facing divorce or a legal issue related to divorce then do not hesitate to contact our firm. Our divorce attorney will be able to assist you in your case by providing legal insight and informing you of the repercussions of any action that you take. Mediation is also an option. It is important that you do not go through this process alone. Choose to work with The Hunter Law Group for the caring and reliable representation you deserve.
Looking for a divorce attorney in Mission Viejo? Schedule your initial consultation today!
Giving You One-On-One Advice
When you schedule your initial consultation with our firm, you'll be able to speak directly with one of our experienced family law attorneys and begin discussing the specifics of your case.
Helping You Write The Next Chapter
We're committed to helping you move on with proactive legal solutions to help resolve a wide range of family law related concerns. To learn more, we recommend reaching out to our offices to schedule a consultation.
Decades of Legal Experience
Our team of legal professionals have a strong understanding of family law and the various elements that can affect your divorce, child support, and post-divorce agreement.
Customized Legal Solutions
At Hunter Law Group, we take our time to get to know you, your case, and the specifics of your situation to better provide legal solutions tailored to your specific case or legal concern.