Irvine Divorce Lawyer

Serving Orange County for Over 30 Years

No one enters a marriage expecting to get divorced, but unfortunately, it is sometimes the best option for both parties. If you find yourself in this situation, it is important to choose a divorce attorney in Irvine who will be able to protect your interests and help you through this difficult time.

Kirk & Toberty, Attorneys At Law is a family law firm with experience handling complex divorce cases in Irvine, California. We understand the unique challenges of getting divorced, and can work diligently to ensure you are treated fairly throughout the process. Whether you are looking to settle your divorce amicably, need mediation, or need to litigate more complex issues involving property division or child custody, our divorce lawyers in Irvine are here to help.

We also prioritize offering guidance on financial decisions during divorce to ensure economic stability post-divorce. By working closely with our legal team, you can make informed choices that align with your long-term interests.

Contact us at (949) 416-2215 to schedule a consultation with a skilled divorce lawyer in Irvine at Kirk & Toberty, Attorneys At Law.

Why Choose Kirk & Toberty?

Our Irvine divorce lawyers are committed to helping clients navigate the complexities of divorce with confidence and clarity. Our approach is rooted in over 75 years of combined legal experience, ensuring that we can tackle even the most challenging aspects of a divorce.

One of our key strengths is maintaining direct attorney-client interaction from start to finish. That means the lawyer who begins your case will be the one guiding you to its resolution. This personalized service ensures you receive consistent and informed legal advice from start to finish.

“A strong attorney-client relationship is a vital component to a successful outcome in any legal process. We value that communication and relationship, and we are committed to clear, concise, and compassionate communication with every client."

Our firm also understands that divorce can be a stressful and emotional experience. That's why we offer mediation services as an alternative to traditional divorce court. Mediating your divorce may also be able to save you money in the long run by helping you avoid a lengthy legal battle.

When you meet with one of our divorce attorneys in Irvine, we can recommend the best strategy for your unique legal situation.

How Do I File for Divorce in Orange County?

Below are the basic steps to filing for divorce in California:

1. File a petition and summons: You must take the forms (and 2 copies) to file to the court in Orange County where you and your spouse have resided in the last 3 months. Pay the filing fee. Ensuring these documents are accurately filled out is crucial for the smooth progression of your case.
2. Serve your spouse (the “respondent”): Serve your spouse with copies of the divorce petition and any additional papers included with the filing. This step not only fulfills a legal requirement but also sets the formal process in motion.
3. Your spouse has 30 days to respond: They must serve the response to you and file proof with the court. It's crucial to monitor the response timeline as it could impact the pace and direction of your proceeding.  If they do not respond within that time period, you can move forward with a default divorce.
4. Mandatory Settlement Conference: If your spouse does respond to the divorce petition, you will need to attend a mandatory settlement conference. This is where you and your spouse will try to reach an agreement on all of the terms, including child custody, property division, and spousal support.
5. Divorce Court: If you are unable to reach an agreement at the settlement conference, your divorce case will go to trial. By knowing these paths, you can better navigate the trials and negotiations that come with any divorce process.

In California, couples that are divorcing are also required to exchange information regarding their income, expenses, assets, and debts. It is not necessary to file these with the court; however, both spouses must declare to the court, confirming that this information was provided to each other. This transparency ensures fair negotiation and settlement discussions, helping both parties to arrive at equitable solutions.

With our skilled legal team by your side, you can have peace of mind knowing that your financial interests are being protected throughout the divorce process. Each step of the filing process is backed by thorough preparation and analysis, ensuring all requirements are met efficiently. Contact Kirk & Toberty, LLP today to schedule a consultation with one of our experienced divorce attorneys in Irvine.

What Are the Grounds for Divorce in Orange County?

Also known as the dissolution of marriage, there are two grounds for divorce in California:

1. Irreconcilable differences that have caused the marriage to break down
2. Insanity that is not curable

California is a “no-fault divorce” state, which means a divorce can be granted if one spouse states that there are irreconcilable differences — the party seeking divorce is not required to prove the grounds for divorce, even if the other spouse does not agree with it.

If a spouse is seeking a divorce based on “incurable insanity,” then proof is required to show that the other spouse was insane when the divorce was filed and remains incurably insane. Understanding these factors can help frame how you approach the divorce process strategically, thus avoiding common pitfalls. Our Irvine divorce attorneys are available to discuss these details further in light of your unique situation, ensuring that you have a full understanding of your legal standing and options.