Orange County California Divorce Law Issues are Best Handled by Sarieh Law
As the first state to adopt no-fault divorce, it is not necessarily difficult to dissolve a marriage under California law. However, the divorce decree will make important decision regarding the division of marital property, who gets the kids, and the payment of support, and these decisions can affect the parties and their families for years to come. At Sarieh Law Offices, you will find a Santa Ana divorce attorney sensitive to these issues and dedicated to protecting your rights and looking out for the best interests of you and your children throughout the divorce process.
California Divorce Law
Most divorces in California are based on the no-fault ground or irreconcilable differences, although a divorce can still be had under California law based on the incurable insanity of a spouse. The residency requirement to file for divorce is met if the spouse filing for divorce has been a resident of the state and the county where filing for six months prior to filing for divorce.
A divorce proceeding is started when a Summons and Petition for Dissolution of Marriage are filed with the court, and these divorce papers are served on the other spouse. Each party must also make a Declaration of Disclosure setting forth their income, properties, expenses and debts. It is not uncommon for a party to misrepresent his or her income, or even to deliberately hide assets from the other party. Therefore, the law allows for a period of discovery during which your lawyer, sometimes with the help of forensic accountants or other experts or investigators, can determine the true state of your spouse’s finances.
Following discovery, a settlement conference may be used to try to resolve the matters at issue in the divorce through negotiation or mediation. If the parties can agree, a marital settlement agreement or stipulated judgment is prepared and filed with the court, where it is entered into judgment.
If the parties fail to reach an agreement, the case proceeds to trial before a judge in family court. At trial, the parties present evidence, testimony and arguments to the judge through their attorneys, and the judge makes a binding decision regarding any unresolved issues, including the division of community property, child custody and visitation, child support and spousal support. A trial is an adversarial process, and one party often winds up feeling better off than the other. A party who believes the decision was wrong as a matter of law may appeal the decision to a three-judge appellate panel, which has the power to overturn the judgment of the trial court.
Contact a Santa Ana divorce attorney
For advice and representation from a Santa Ana divorce lawyer who is caring and understanding regarding what you are going through, yet is ready and able to stand up and fight for your rights to safeguard your interests in the divorce, contact Sarieh Law Office in Santa Ana to schedule a free 45-minute initial consultation.
Frequently Asked Questions on Divorce