Orange County Lawyer Helps in Divorce Process

About the Divorce Process

What should you expect if you are considering a divorce in Orange County? Divorce lawyer Marc E. Mitzner would like to help. Here is a brief overview of what you may expect in the process.  Each case is different but here is the general procedure:

Since California offers a "no-fault "divorce, that might be one choice.  If you decide that you would like to use this option, the situation may go something like this:

In order to qualify for a "no fault divorce one of the spouses would have been a resident of the state for a continuous six months minimum and a county resident for a minimum of three months.  One would file the petition to the Court and once the respondent is served with the Summons and Petition the marital status would not be able to be terminated earlier than six months from the day of service.

One of the parties then usually requests a temporary order for a hearing. This hearing is where the judge would make the temporary support, child custody and restraining orders.

The parties then engage in the "discovery phase" before the judge. This is where any relevant documents or information is presented. One of the required aspects of this is the "Preliminary Declaration of Disclosure". In this each party must list what they consider community and separate property.  After this is completed the parties, with their attorneys, will discuss the settlement of the case.  If a settlement can be reached one of the attorneys will prepare a "Marital Settlement Agreement". This is a contract that is signed by the two parties and their attorneys.  If an agreement is not reached, a trial will take place.

After the parties sign the "Marital Settlement Agreement "or the trial ends, one of the attorneys then prepares a "Judgment of Dissolution of Marriage. This paper holds all the Court's orders and it is then filed and the court mails a Notice of Entry of Judgment to each attorney who then forwards it to their clients.

If the Court feels there is a reasonable possibility that there may be a possible reconciliation, the Court will stay the dissolution of marriage proceedings for 30 days. If there is no reconciliation, either spouse may then file for a divorce or legal separation. Concurrently, a counseling statement must also be filed to the Conciliation Court. Additionally if child custody is contested, a mediation conference will be ordered and the mediator has the right to exclude any attorneys of the parents at such mediation.

With California being a "community property "state, any jointly held property is considered "community property".  There are some exceptions - if the property is in one name only, or the spouses agree otherwise.  However, anything that is considered bona fide "community property" is divided equally-50/50.

The Court may award support to either spouse in the amount and for the duration the Court deems reasonable, based on the standard of living achieved during the marriage.