Practice Area
Orange County Divorce Lawyers
Divorce
Divorce formalizes an emotional loss that many spouses have felt for a long time. Even the most intelligent and dedicated person can have trouble negotiating the legal system while managing the emotional, logistic and financial aspects of dissolving a marriage. A Orange County Divorce attorney may also save you money in the long run, especially if you have significant financial assets. Wallin & Klarich can help ease that burden by representing you in all the legal aspects of your divorce, including division of property, child and spousal support and child custody matters.
California law allows no-fault divorces. In fact, the only grounds for divorce in our state are irreconcilable differences or incurable insanity (which is rare and must be proven with testimony from a psychiatric professional). If the divorce does not involve substantial disagreements or child custody matters, it can often be handled without going to court. Divorcing spouses may also choose to bypass the courts and reach a settlement through a third-party mediator. However, if there are significant disputes over property, custody and other important matters, you may have no choice but to go to a judge. The experienced California family law lawyers at Wallin & Klarich can help guide you through that process, keep you informed and protect your interests.
At Wallin & Klarich, our Southern California divorce lawyers have handled hundreds of divorces. We understand that we see clients at a difficult time in their lives; that’s why we’re dedicated to getting the best possible outcome for each and every one. And with 16 attorneys serving 33 offices in five Southern California counties, you can count on us to provide personalized service. To discuss your case with us, call us today at 1-888-749-7428 or fill out the online consultation form to the right, and a legal professional will respond promptly.
At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.
Divorce – Overview
A divorce is the legal recognition that a marriage has terminated and that the parties no longer owe marital obligations to each other. After a divorce, the parties may remarry. However, a divorce, also called a dissolution of marriage, results in a number of issues, including child support, child custody, spousal support, and division of property and debt. A Southern California divorce lawyer these issues and will help you understand your situation.
California is a no-fault divorce jurisdiction, meaning that a married couple may be divorced for “irreconcilable differences,” which basically means for any reason. The parties need not prove cheating, abuse, or addiction to get a divorce, and the divorce court will not hear such matters unless it is relevant to some other issue, such as child custody.
If the parties substantially agree on major issues, then the divorce process may be simple and quick, especially if couple has not been married long, does not have children, and does not have many assets or debts. However, if the parties do not agree on the fundamental issues, such as child support, spousal support, or division of property, then a divorce can be a long and contentious ordeal.
If you are going through a contested divorce, you will need an experienced Southern California divorce attorney to aggressively represent your interests in divorce court. Even if you anticipate a quick divorce, it is in your best interest to at least consult with a divorce lawyer to explain your situation to you.
If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Divorce – How Do I Get a Quick Divorce?
California has set forth a procedure for a quick and easy divorce called summary dissolution, but to secure a summary dissolution, the parties
- Must have no biological or adopted children together, and neither spouse can be pregnant
- Must have been married for less than 5 years
- Must not own real estate
- Must not owe carry more than $6,000 in debt since the beginning of the marriage
- Must have less than $38,000 in property acquired during marraige
- Must each have less than $38,000 in separate property
- Must agree to give up any right to spousal support,
- Must sign an agreement regarding the division of community property and debt, and
- Must agree under penalty of perjury that they have read the information provided by the county regarding summary dissolution information.
If all these requirements are met, then you qualify for a summary dissolution and you will not have to appear in divorce court. However, you should still consult a Southern California divorce lawyer to inform you of the advantages and disadvantages of filing for summary dissolution.
A summary dissolution means that the divorce court will not conduct a trial and you cannot appeal the summary dissolution to a higher court. This is because a summary dissolution implies that the parties agree to the fundamental terms of divorce. However, a court may set aside a summary dissolution if the one of the parties did not act in good faith, such as by concealing community assets or misrepresenting the value of known community assets. Setting aside a summary dissolution is costly and time-consuming, so be sure you understand what you are doing when pursuing a summary dissolution.
If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Divorce – What Are the Requirements for Divorce in California?
The requirements for a California divorce are simple. Obviously, the couple needs to be married, a party must fulfill the residency requirements, and the document requesting divorce (called the Petition for Dissolution of Marriage) must state adequate grounds for a divorce.
The state of California requires that the party filing the divorce papers must have been a California residence for at least six months, and a resident of the county where the petition was filed for at least three months. Once the petition is filed, a divorce will not become final until at least six months from the initial filing date.
Note, however, that the parties do not need fulfill the residency requirements to file for legal separation. Thus, nonresident parties often file for legal separation first, then once they have obtained their residency requirements, amend the initial filing to request the court for a divorce.
California recognizes two grounds for divorce. The overwhelming majority of divorces are due to “irreconcilable differences,” a blanket term that does not require any further explanation or proof to justify the divorce. However, the petition for dissolution of marriage may also ask for divorce because of the other party’s “incurable insanity.” This is extremely rare, and the party filing for divorce must show that the person was insane both at the time of the petition’s filing, and the time of the divorce trial. This requires expert witnesses, and can be expensive and time-consuming to pursue.
Before filing for divorce, consult with a Southern California divorce attorney. Even though California is a no-fault divorce jurisdiction, pursuing a course of action without an attorney’s advice may lead to catastrophic consequences, especially regarding other issues such as child custody or division of property. Be sure that you have talked to a divorce lawyer before filing your petition for legal separation or divorce.
If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Divorce – What’s the Difference Between Divorce, Legal Separation, and Annulment?
Many people do not understand the legal difference between divorce, legal separation, and annulment.
Divorce terminates the marriage and any marital obligations the parties have to each other. Once parties are divorced, they are legally single and can remarry. In order to be divorced, the parties must fulfill California state and county residency requirements.
Legal separation does not completely terminate the marital relationship, but it does terminate community property for property acquired after separation. Normally, any property acquired by the spouse during marriage belongs to the community estate, but this does not apply for property acquired after separation. Thus, while the couple is still legally married, separated couples usually live apart and conduct their finances separately from each other. A couple does not need to fulfill residency requirements to legally separate, but until the couple divorces, each party is still considered married and cannot marry another person. Some couples prefer separation to divorce for religious reasons.
An annulment legally voids the marriage based on some defect of the marriage at its inception. This may mean that that the marriage was invalid because one of the parties was still married to someone else, the marriage was entered into based on fraud or coercion, one of the parties was under the legal age of consent and did not have the parents’ permission to marry, or the marriage is incestuous. Annulments are rare, and are expensive and time-consuming to pursue. While courts do not usually scrutinize the grounds for divorce, the courts will closely examine the circumstances regarding an annulment.
Generally, annulments are disfavored, and the party wishing to annul a marriage has a significant burden to show that grounds exist to nullify the marriage. However, the legal effect of an annulment is that the marriage was void from the start, and the parties are single and available to marry other people.
If you wish to secure a divorce, legal separation, or annulment, consult a Southern California divorce attorney. Each option has legal consequences that a divorce lawyer would be able to clearly explain to you. With the help of a lawyer, you can choose the path best suited to your circumstances.
If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
Divorce – FAQs
1. Once I have filed for divorce, can I stop the proceeding if I reconcile with my partner?
Yes, you can file to have your petition for marital dissolution dismissed, but if you change your mind and choose to divorce, you must start the proceedings from the beginning, re-file the petition, and pay any filing fees. If you did not file the petition, then you cannot stop the divorce by yourself. You must convince the other party to file a dismissal.
2. Do I have to show my spouse was unfaithful, abusive, an addict, etc. for the court to grant my divorce?
No. In the past, such showings were necessary, but now that California is a no-fault divorce state, all you need to establish to the divorce court is that “irreconcilable differences” exist. Divorce courts take the filing party at its word, and will never deny a divorce because it feels that the differences between the parties are not irreconcilable. However, the behavior of a party during marriage may be relevant in determining issues such as child custody and child visitation rights.
3. Can I request child support, child custody, spousal support, visitation rights, or a domestic violence restraining order after filing for legal separation?
Yes. Filing for legal separation allows the parties to also request child custody, child support, spousal support, visitation rights, or a restraining order from the other party. It is in the family law court’s discretion to determine whether to acknowledge support obligations, or whether to issue a restraining order.
4. After filing for legal separation or divorce but before the final divorce judgment, can I transfer community property in my possession without the other party’s knowledge or consent?
No. Before the divorce court has divided the community estate and issued its final judgment, the parties still have a fiduciary duty to each other regarding the management of community property, which means that each party must actively defend each others’ interest in their shared estate even if the other party has possession of the community property. This duty applies even after legal separation or divorce proceedings have begun, and does not end until the final judgment of dissolution.
If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights. At Wallin & Klarich, we have helped people going through divorce for over 30 years. Call us today at (888) 749-7428. We will be there when you call.
