Divorce, by its very nature, is adversarial. In many divorce cases, one spouse wants to end the marriage and the other doesn’t, which can result in feelings of anger, bitterness and resentment. Even if you and your spouse can agree to a divorce and are on relatively amicable terms, there are crucial issues you will have to decide on before your divorce can be finalized by the court, like spousal support, the division of assets and debts, child custody, visitation and child support, and this is where things tend to get challenging. In order for a divorce to proceed through the uncontested process in Orange County, you and your spouse will have to reach an agreement on all divorce-related issues pertaining to your case, or else risk your case going to court and being decided by a judge. If you have decided to pursue an uncontested divorce in Orange County, you will want a knowledgeable divorce lawyer on your side to help you navigate what could prove to be one of the most difficult undertakings of your life. Contact (619) Divorce today to discuss your case with our experienced Orange County divorce lawyers.
Table of Contents Orange County Uncontested Divorce Lawyer
Affordable Divorce Lawyer in Orange County
Going through a divorce can be traumatic even in the simplest of cases and we understand you and your spouse wanting to get the process over as quickly and painlessly as possible. When you hire our uncontested divorce lawyers to handle your case, we will get to work right away reviewing your case and gathering and filing the necessary divorce forms to get the process started. We can also help you negotiate with your spouse and come to an agreement about any issues related to your divorce outside of court, so you can avoid getting caught up in a long, drawn out legal battle that could end up costing you emotionally and financially. If the two of you can’t reach a mutually acceptable resolution without having a judge step in and make the decision for you, we will provide you with competent and compassionate legal representation throughout the contested court process. At (619) Divorce, we believe that every client deserves quality, affordable legal representation, regardless of how simple or complex their case may be. Call us today to find out how we can help.
How Orange County Divorce Works
There are two main kinds of divorce in Orange County: contested and uncontested. Compared to a contested divorce, in which the divorcing spouses disagree on how to handle certain issues related to their divorce, an uncontested divorce means the spouses agree (or at least don’t disagree) on the key terms of their divorce. This can include important issues like the division of their shared property, distribution of assets, debt allocation, and alimony or spousal support payments. If they have children, then child custody, visitation and child support arrangements must also be made and these arrangements must be laid out in a written and notarized settlement agreement, in order for the divorce to be considered uncontested. Generally speaking, an Orange County divorce that isn’t contested can proceed in one of two ways:
- You and your spouse agree on how property division, child custody and financial matters should be handled in the divorce and you have an agreement saying so, or
- Your spouse doesn’t disagree with what you are asking for in the petition and isn’t likely to file a response to the divorce petition. If you have a written notarized agreement in place, this is considered a “default with agreement” case. If you don’t, it is a “true default” case.
Filing for Divorce in Orange County
There are certain residency requirements you or your spouse must meet in order to qualify for divorce in Orange County. If you want to get an Orange County divorce, either you or your spouse must have lived in Orange County for at least three months and in California for at least six months before the divorce petition is filed. If you meet these residency requirements, you can initiate the divorce process by filing a petition for divorce with the Orange County Superior Court. Under California law, it is not necessary for both spouses to agree to the divorce in order for the divorce to be completed. Either spouse can decide to end the marriage and file a petition for divorce and the other spouse cannot stop the divorce by refusing to participate in the case.
Mandatory Waiting Period
Most uncontested divorces are relatively straightforward and, barring any unforeseen complications, can be completed fairly quickly. Keep in mind though that there is a mandatory six-month waiting period for divorces in California, which begins from the date of “service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.” This waiting period is mandated by law under California Family Code § 2339(a) and is in place to give couples going through the divorce process the opportunity to terminate their case and reconcile, if they choose to do so. Even if you and your spouse are sure about your divorce and you work quickly and efficiently to resolve the terms of your divorce, it is important to remember that the court won’t finalize your divorce until the six-month mark.
Benefits of Uncontested Divorce
If you and your spouse cannot reach a mutually acceptable resolution with regard to property division, child custody, spousal support and/or other issues, your divorce will proceed through the “contested” process. Compared to contested divorces, uncontested divorces tend to be faster and less complicated, which is why most spouses choose the uncontested process, whenever possible. Uncontested divorce also gives the spouses more control over the outcome of their case. In a contested case, the judge has the final say on the terms of the couple’s divorce, including who will have custody of their children and how their property will be divided, in addition to any other issues they were unable to resolve on their own. In some cases, a contested divorce can become uncontested if the spouses are able to negotiate an agreement on any contentious matters, either through mediation, with the help of their attorneys, or through some other dispute resolution process. Being able to negotiate a divorce settlement outside of court is one of the main reasons we recommend having a skilled divorce lawyer in your corner when getting divorced in Orange County, even if your divorce is uncontested. Naturally, if your case is contested and ends up going to trial, an experienced divorce lawyer can also represent you in court and help you reach a satisfactory resolution to your case.
What an Orange County Divorce Lawyer Can Do for You
There is no doubt that the divorce process can be complicated and confusing, which is why we strive to make it as simple and straightforward as possible for our clients. When you hire our firm for your uncontested divorce, we will take the time to sit down with you and go over all of the issues in your case, so you have a clear understanding of what lies ahead of you and how best to proceed based on what you hope to achieve. If you have a settlement agreement with your spouse, we can review the agreement to look for any problems or errors that could end up delaying your case. If you and your spouse are having a difficult time agreeing on certain divorce terms, we can help you negotiate a settlement that you can both be satisfied with. Whatever the extent of your legal needs, our Orange County divorce lawyers at (619) Divorce will work diligently to help you resolve your uncontested divorce as quickly and easily as possible, so you don’t waste valuable time or your hard-earned money. Our firm specializes in divorce and family law and we know what it takes to get the best possible outcome in an uncontested divorce case. Contact our Orange County divorce attorneys as soon as possible to schedule a free consultation.
Contact Our Orange County Uncontested Divorce Lawyers
When it comes to getting a divorce, there is a lot on the line and it’s important that you consider all of your options before making a decision that could affect you and your loved ones for years to come. There might be children, property, housing, businesses and other life-changing issues to consider, and while you may be able to resolve these issues without an attorney, it is useful having an experienced divorce lawyer there to help you make the right decisions. The bottom line is that every Orange County divorce case is different and choosing the right path in your uncontested divorce depends on what is most important to you. If you are contemplating divorce in Orange County, contact our affordable divorce lawyers at (619) Divorce today to find out what options are available to you based on your specific circumstances. Our lawyers can make sure you have a clear understanding of how the divorce process works in Orange County and can help you make the best possible decisions in your case.