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No one enters into a marriage expecting to get divorced, but unfortunately, sometimes it is the best option for both parties. If you find yourself in this situation, it is important to choose an Irvine family law attorney 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 our family attorneys in Irvine will 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 family law issues involving property division or child custody, our team is here to help.
At Kirk & Toberty, LLP, we understand that divorce can be a stressful and emotional experience. That's why we offer mediation services as an alternative to traditional divorce court.
What Are the Grounds for Divorce in California?
Also known as the dissolution of marriage, there are two grounds for divorce in California:
- Irreconcilable differences that have caused the marriage to break down
- Insanity that is not curable
California is a “no-fault divorce” state, so this means that divorce can be granted even 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.
What is the Residency Requirement for CA Divorce?
In order to file for divorce in California, the person who is filing or the spouse must have resided in California for the last 4 months and the last 3 months in the county where the divorce will be filed. There is an exception to this requirement -- if they were married in California but cannot get a divorce where they currently live, such as in another country that does not recognize same-sex marriage, then the requirements are different.
If your situation is like this, do not hesitate to reach out to an experienced Orange County divorce lawyer at Kirk & Toberty, Attorneys At Law. Our legal team is backed by decades of family law experience and is prepared to answer any of your questions and guide you through the divorce process. Contact our law firm online or call F:P:Sub:Phone} to make an appointment.
Filing for Divorce in California
Below are the basic steps to filing for divorce in California:
- 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.
- Serve your spouse (the “respondent”) with copies of the divorce petition and any additional papers included with the filing.
- Your spouse has 30 days to respond. They must serve the response to you and file proof with the court.
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.
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. Contact Kirk & Toberty, LLP today to schedule a consultation with one of our experienced Irvine divorce attorneys.
Choose An Experienced Divorce Attorney in Irvine
If you are considering filing for divorce, reach out to one of our seasoned Irvine divorce attorneys here at Kirk & Toberty, Attorneys at Law today. We serve clients throughout Orange County, the Inland Empire, Riverside, and beyond. Call (949) 416-2215 to schedule an appointment as soon as you can.
"I needed someone to help me have a voice and you did just that."Teresa W.
"I appreciate being able to call you anytime and was thankful for your explanations. I would highly recommend you to anyone that needed your services."Ann F.
"Your compassion and professionalism made this trying time much easier."Jillian P.
In California, the process for getting a divorce is fairly simple. The first thing you need to do is file a petition with the court, which can be done online or in person. Once the petition is filed, your spouse will have 30 days to respond. If they do not respond within that time period, you can move forward with a default divorce.
However, if they do respond, 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. If you are unable to reach an agreement at the settlement conference, your divorce case will go to trial.
Our Irvine divorce attorneys are committed to helping you understand your options throughout the process and pursuing the most favorable outcome possible. For experienced guidance through the tough decisions, reach out today.
Why It’s Important to Have a Divorce Lawyer on Your Side
Divorce is a stressful and emotionally charged process, which is why it’s so important to have an Irvine family lawyer with years of experience on your side. A good family lawyer will help you navigate the legal process, protect your interests, and seek a fair resolution in the many aspects associated with a divorce.
The laws surrounding divorce are complex, and the outcome of your case can have a major impact on your future. A Our divorce attorney in Orange County can explain your options and help you make decisions in the best interests of you and your family.
When You Need Direction, We Can Give It
An Irvine divorce attorney at Kirk & Toberty, Attorneys At Law can provide you with strong representation when you need it most. Divorce is a process that can easily have you feeling lost and confused. Our team can give you direction and helps you make decisions that suit your needs. Trust a family law attorney in Irvine from our law firm to be there for you when you need it the most.
If you are considering divorce and live in Irvine, the Inland Empire, Riverside, or in Orange County, call (949) 416-2215. An Irvine divorce lawyer from our firm is ready to help.
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