How to File for Divorce in Orange County, CA? Complete 2025 Guide
Oftentimes, the hardest step in getting divorced is admitting that your marriage is no longer beneficial to your long-term goals and desires. Once you have decided that a divorce is necessary, you can take action and begin the divorce process. To do so, you may be wondering, “How to file for divorce in Orange County, CA?”
Divorce in Orange County
Orange County offers a unique blend of sunny beaches, suburban comforts, and urban convenience. With a population of 3,135,755, there are over 1,090,000 households, with the majority run by a married couple (65%).
When you decide to file for divorce in Orange County, you have to do so at the Lamoreaux Justice Center located in Orange at 341 The City Drive South. Many local couples make this difficult decision, and we are here to support you through the process if you are ready to begin.
How to File for Divorce in Orange County
Orange County divorce laws can be complicated. It could cause delays or increased costs if documents are prepared incorrectly. An Orange County divorce attorney can review your case and ensure your divorce proceeds smoothly. There are four main steps to filing for divorce in Orange County, CA. These steps include:
- Start Your Divorce
To begin, you must provide the court with basic information about you and your spouse. You also need to provide information about potential spousal support, child custody arrangements, and property owned. These forms can be filed in person, through the mail, or online.Your spouse has to be served with a copy of the papers filed and supporting documents by someone other than you. You have to file proof that the papers were served correctly with the court.Your spouse has 30 days to respond to the divorce petition. A six-month waiting period before the divorce can be finalized begins from the date your spouse responds to the petition.
- Share Financial Information
The next step is to fully disclose your financial circumstances with your spouse through financial disclosure. A divorce attorney can assist with discovering financial assets if you are concerned that your spouse may be hiding assets or accounts.You must disclose what you own, how much you owe, the amount you earn, and how much you spend. Dishonesty during this step could result in the judge awarding damages later. You have 60 days to share your initial financial information. - Decide Asset and Debt Distribution
Once you both have a clear picture of the other’s financial situation, you can start making decisions about how assets and debts are distributed and if spousal support is paid. California is a community property state, so judges distribute marital assets equally between both spouses. This step is achieved through one of several different methods:- A default judgment is awarded by a judge when the spouse who was served failed to respond to the petition or cooperate with the financial disclosures.
- If you and your spouse agree, a signed agreement can be presented to the judge for final review.
- If you and your spouse do not agree, the judge reviews the facts of your case and makes a final decision.
- Finalize the Divorce
Once assets and debts have been distributed, you have to submit a final set of forms to the court to be reviewed and signed by the judge. If the judge agrees, and all the documents are complete and accurate, they sign off on the divorce. This form has the exact date your marriage legally ends.
Hire a Divorce Lawyer
Regardless of the number and types of assets and debts you need to divide during your divorce process, it is wise to hire a divorce lawyer who can guide you through the process and ensure your documents are filed correctly and that you are being offered a fair settlement by your spouse. The Goldberg Legal Group is experienced in assisting Orange County residents with all types of divorces through mediation, negotiations, and in court.
FAQs
Are There Restrictions on Who Can File for Divorce in California?
No, any California resident who meets residency requirements can file for divorce. You can still file for divorce if your spouse does not agree to get divorced. If your spouse fails to respond to the divorce petition within 30 days of being served, you can ask the court to make a default judgment on your case. A default judgment is decided by the judge without any communication or input from your spouse.
What Are the Three C’s of Divorce?
Communication, cooperation, and compromise are considered the three C’s of divorce. A divorcing couple who relies on the premises of the three C’s can have a more amicable divorce experience.
When a couple communicates honestly throughout the divorce process, things can progress smoothly without surprises. Cooperation is important so the process doesn’t stagnate, and to remain friendly when children are involved. Compromising allows assets, debts, and custody to be agreed upon with minimal conflict.
What Is the First Thing I Should Do If I Want a Divorce in California?
The first thing you should do if you want to get a divorce in California is gather necessary financial documents and other important papers and keep copies in a secure location. You have to complete and file the necessary forms with your local Superior Court to initiate the divorce process. A divorce attorney can ensure the necessary forms are filed and that your spouse has been properly served.
What Is the Five-Year Rule in a California Divorce?
The five-year rule refers to California’s summary dissolution divorce method. A summary dissolution can offer a quicker divorce option without the need for a court hearing if certain conditions are met:
- You have been married for less than five years
- You have no children together
- Share minimal assets and debts
- Jointly own no real property
- Sign a property division agreement
- Waive spousal support
Contact The Goldberg Legal Group
David Goldberg is detail-oriented and dedicated to fighting for the rights of his clients. He has an AVVO rating of 10, with excellent reviews. Mr. Goldberg takes the time to truly understand the needs of his clients and prepares accordingly for an optimal resolution.
The Goldberg Legal Group is ready to help you through all aspects of the divorce process. From asset and debt divisions to child custody and child support, our team can help you through this emotionally overwhelming process. If you have questions, we’re available to listen to your concerns. Contact The Goldberg Legal Group today to schedule your initial consultation.
