For a divorce attorney, OC and the State of California have specific legal rules that may affect the way in which your case is handled. These rules influence when it is permissible to seek a divorce, how long the process takes, and more.
Below we offer information from a divorce attorney, OC lawyer Douglas McKeague, who explains these legal requirements and describes what to expect in working with the court system. After you have had a chance to read this overview, we invite you to contact Mr. McKeague for a free consultation.
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No-Fault: In California, a divorce is called a dissolution of marriage proceeding. As you will learn after counseling a divorce attorney, OC and the State of California are “no fault.” This means that you and your spouse can have a dissolution of marriage proceeding by claiming that irreconcilable differences have come about in the relationship. You do not need to present proof of these differences. While there are other ways to terminate the marriage, this is the most common that divorcing couples use. As a result of this “no-fault” status, no spouse can stop his or her partner from seeking a divorce in OC.
Timeline: Divorce attorneys in California can counsel you on the specifics, but you should know in advance that it takes a minimum of six months plus one day to be entitled to end one’s marital status. That timeline starts only after a Petition for Dissolution of Marriage has been served to one of the parties. Note that it may not take six months for a case to be settled or handled in front of a judicial officer; in fact, a judgment or a settlement may be reached long beforehand. However, couples must still wait the minimum time for the marital status to change officially.
Enforcement: An experienced Orange County family law attorney will help clients navigate the challenges that come about when the opposing party refuses to follow court orders or legal settlements. The laws of the State of California provide a variety of options for enforcement, including contempt proceedings, wage assignments, and garnishments. Judgments are swift and help to ensure that the parties comply.
Environment: From the perspective of working with a divorce attorney, OC is an efficient place to pursue a claim. While the process is not a pleasant one, you as the client can take some comfort in knowing that the judicial officers who hear cases are attentive, skilled, and experienced. Unlike in other areas of the country, they often give hearings and full trials to those who seek them and deliver results in a timely fashion. As a result, you may spend less time and money in trial work.