At the Irvine Family Law offices of "xyz attorney" you can expect to be treated fairly and with respect. As family law attorneys we understand the complexity of dealing with all of the family law needs that you might face. When you retain our family law attorneys you sleep well at night knowing that you are working with an attorney that only practices family law and only practices here in the local courts. We also understand that there are a lot of complex issues from child custody to support to property division. This is what we do. All day everyday. Contact our office today and mention the "Irvine Family Law Information Center" and receive a FREE consultation. click here!
Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or (b) Incurable insanity (only upon proof). [Based on California Family Code - Sections: 2310]
Divorce, or dissolution of marriage, is when a court declares that the marriage no longer exists. It provides for division of property and details for child custody and support, when applicable.
More than 95% of all divorces are not contested. Most partners try and settle the division of property, spousal support, and child custody either by themselves or with the help of a qualified attorney. Sometimes when problems arise, mediation is used and once agreement is reached, it is presented to a judge. If the agreement is fair to both parties, it will be approved. If an agreement cannot be reached, the court will have to decide on what is fair.
California is a no fault divorce state. A no-fault divorce is when neither the wife nor the husband blames the other for ending the marriage. Examples are "irreconcilable differences," or "incompatibility." Another example is when the two parties have been separated for a long period of time, this includes separate residences. Some people are concerned that no-fault divorces can result in lower awards of property and support. In the states that allow divorces based on fault (besides no-fault), the reasons vary, as follows:
Spouses looking for revenge could come up with more than one reason for divorce. Some spouses want to be emotionally satisfied by proving their spouse was to blame for wanting this divorce. Because these issues can be so difficult to not only prove but to litigate many states like California have gone the route of no fault divorce.
A Divorce can be a complicated legal process. Each divorce is different depending on laws or issues between you and your spouse. The following gives you an idea of how to initiate a divorce and what steps to take.
The spouse who initiates the divorce gets a lawyer who writes up a legal document (also known as a petition or complaint) that states the reason the spouse wants a divorce, the financial settlement wanted and custody issues, if there are children involved.
The lawyer then files the petition with the court.
The lawyer arranges for the petition to be served on the other spouse.
The served spouse has about three weeks to respond. The response will state if the served spouse agrees to the requests of the spouse who wants the divorce.
The couple with their attorneys, review information regarding property and income. With this information, the court can decide how to divide the property and how much child support and alimony should be paid.
Sometimes property, child issues and alimony can be resolved through mediation without spending time in the court room.