A Newport Beach divorce attorney handles several types of divorce in California. Since it is a no-fault divorce state, it provides more options such as:
- No-fault divorce.
- Uncontested divorce.
- Contested divorce.
- Summary dissolution
- Legal separation.
It is easier to divorce your spouse than in any other state. So, anytime you want a divorce in California, the courts grant it. Hire the services of a Newport Beach divorce attorney to help you make the best choices.
What Is A Divorce?
A divorce is a dissolution of marriage. It means the legality of your union is no longer in effect. When you file for a divorce and the court grant it, it unbinds you from your spouse. As a result, you are free to have a relationship with others that may result in another marriage.
Divorce gives you more independence to choose your life partner and live the way you want. But it may be a costly way of life for men to change partners on a whim. For example, in California, the wife may take half of the marital assets. Unless you have a prior agreement, the judge will divide your community property equally.
The court, however, gives the couple a cooling-off period of six months to finalize the proceedings. Also, during that period, couples have enough time to think if they have made the right decision. So, in a way, the court still favors a complete family where children enjoy parental care together.
What Are The Early Divorce Laws?
One of the earliest divorce laws was in 1629 in the Colony of Massachusetts Bay. It granted a divorce on the ground of adultery, impotence, desertion, and bigamy. In 1776, the proceedings transferred from the legislature to the judiciary.
The weakness of the divorce law was on the part of women. The court did not recognize them as a legal entity. As a result, it denied them a claim to property ownership or financial assets accumulated during the marriage. So in 1848, another law, the Married Women’s Property Act, rectified the problem.
Though the state had promulgated a divorce law, cases were uncommon from the 17th to 19th century. But, there were “divorce mill” states by the end of the 18th century, including Utah, Indiana, and Dakota, where you visit and apply for a divorce.
The early divorce laws work based on a fault divorce system where an innocent spouse has to prove the other to have committed a wrongdoing or matrimonial offenses. It is a typical divorce battle in the court where you need proceedings, witnesses, pieces of evidence, and a team of divorce lawyers. It’s a costly and stressful battle.
It was the state of California that historically revolutionized how the court and the people view divorce. It made a radical change in the judiciary system relating to divorce laws. Only history can tell how it affects family and American society.
How California Became A No-Fault Divorce State?
California enacted its first fault-based divorce law on 1851 on the grounds of the following but not limited to only one:
- Adultery.
- Extreme cruelty.
- Impotence.
- Desertion or neglect.
- Fraud.
- A conviction for a felony.
On September 6, 1969, Governor Ronald Reagan signed the Family Law Act of 1969 to become a law. So California turned from fault-based to the first no-fault divorce state in the US. Following the example of California, every state enacted its version of the no-fault divorce law. And in 1985, 18 states had no-fault divorce laws enacted, with a marital breakdown as the only ground.
What Are The Grounds Your Newport Beach Divorce Attorney May Use For The Case?
Unfortunately, not all marriages end up happily ever after. For example, California had a 9.3% divorce rate in 2021. But compared to other states, it’s one of the lowest rates in the US though it’s easy to apply for a divorce based on two grounds.
The ground for a divorce is either irreconcilable differences or incurable insanity. And it’s the job of your Newport Beach divorce attorney to represent you in court. Divorce is a long and tedious process. It takes at least six months due to the state’s mandatory waiting period.
Irreconcilable Differences
Most divorces use irreconcilable differences as the ground for ending a marriage. It is because both parties cannot agree on most things. It’s easy to apply for a divorce because the court does not investigate who’s at fault in a marriage. There’s no guilty or non-guilty party.
The court based it on the premise that those getting married are mature and responsible adults. Likewise, if one party applies for a divorce, that decision is made by a rationally thinking individual. The court’s concern is to help them reach a fair agreement so they can move on with their lives.
If one spouse wants to end the marriage, the other cannot prevent it. Even if one party does not want a divorce, if the other decides otherwise, it will be accepted by the court. Also, non-involvement or non-appearance is the default for agreeing to a divorce.
Incurable Insanity
Incurable insanity involves the mental health condition of either the husband or wife. It may be a prolonged illness that needs medication, examination, and confinement. Or one spouse may be mentally incapacitated that it’s impossible to form a relationship with the other party.
What Is A No-Fault Divorce & How Can A Newport Beach Divorce Attorney Help?
California is a progressive and open-minded state that pioneered the no-fault divorce. It means that you don’t need to show evidence of wrongdoings. Instead, you only have to tell the court that you and your spouse don’t get along on many things, and your marriage ends.
A Newport Beach divorce attorney can give you a walk-through so you can know how to start and end the process. You apply for this type of divorce using the ground of irrevocable differences. In this type, spouses have the choice to get out of the relationship if they are not happy about it.
The advantage of the no-fault divorce is to allow both parties to live their lives the way they want them as soon as possible. With the no-fault divorce, there is o finger-pointing, no accusations, no conflicts, just a hassle-free process. But, it will take effect after the waiting period. It’s the court’s probation that the filing party may realize making a wrong decision.
The downside is limiting both parties from exploring venues to resolve their differences. At the first sign of a marital problem, the solution is divorce because it’s easy and accessible. But unfortunately, it also prevents married couples from talking, compromising, and working together to solve any problems in their marriage.
Uncontested Divorce
An uncontested divorce means that both parties accept all of the divorce agreements. They agree on everything, including child custody and support, division of property and assets, alimony, child visitation, and the rest. The advantage of uncontested divorce is shorter processing time and less paperwork.
The disadvantages of an uncontested divorce are the following:
- The agreement may not be fair to one party.
- The other party can move assets or hide them.
- A spouse may relocate and bring the children along.
- Both parties won’t discover important information.
Although uncontested divorce is quick and straightforward, it is better to consult your Newport Beach divorce attorney to guide you on the legalities. You may miss essential information such as the right to receive an income from real property or financial assets.
How A Newport Beach Divorce Attorney Counsels In A Contested Divorce?
Contested is the most conflicted type for the Newport Beach divorce attorney. Couples have disagreements on many issues, including child custody, spousal and child support, alimony, child visitation rights, and many others. It is a typical kind of divorce that leads to arbitration or a full trial if a couple does not agree on the terms of the agreement.
The process can go nasty, and this is what the California judiciary system wants to prevent. This type of divorce leaves ill will on both sides, which may also affect the children, who may be traumatized by the process. It’s a big trauma when both parents undergo a legal battle.
There are other reasons why contested divorce is the last choice among the divorce types in California. It may be the last recourse your Newport Beach divorce attorney wants you to take after trying all the other options. It is costly because it needs a long time to finalize. The longer the process, the higher the cost of legal fees and personal expenses.
Simplified Divorce Or Summary Dissolution
Ending a short marriage can go through a simplified divorce or summary dissolution. Couples go to the California Secretary of State to apply instead of the court. They must meet several criteria described under the California Family Code Section 2400. This type of divorce is possible for the couple under several conditions.
When both parties meet the criteria, this is the simplest and least expensive form of divorce. Since there are no children to consider with the custody and support or large property and assets to divide, both parties can go through with the process at no time.
California Residency
One party must be a resident of California for at least six months, and the other must be a resident of the country for at least three months. You could not process your papers unless you are a bonafide California resident.
No Children
There must be an absence of children, whether natural or adopted, during the period. Also, pregnancy during the filing disqualifies the couple from using a simplified divorce or summary dissolution. Ask your Newport Beach divorce attorney for further information.
No Large Property Nor Debt
The couple has a joint property of less than $40,000 and not more than of separate property during less than five years of marriage. Nor can they have a debt together of more than $6,000 from the marriage. This condition excludes car loans for both parties.
Other Conditions
The couple does not own a community property of more than $25,000 or have a separate property with the same amount. Another condition is both waive the right to get financial support and must agree on getting the divorce and signing the papers.
How Does A Newport Beach Divorce Attorney Assist In Mediated Divorce?
Mediated divorce uses a third party as a go-between or mediator of the couple. The couple works together with their mediator to reach an agreement on issues that include:
- Child custody, support, and visitation.
- Division of property.
- Parenting plans.
The process is not binding, but it has an advantage. California’s mediation confidentiality laws require mediation as confidential. AS a result, it promotes communication between the two parties.
With a mediated divorce, both won’t have to rely on the judge’s default decision. Instead, they have the power of decision-making because they know all the details or reasons for the divorce. Also, both parties have the chance to establish the divorce provisions and have direct participation in the divorce agreement.
It’s vital to get the services of a Newport Beach divorce attorney as one of the participants in the process to act as an advisor. In this way, you can get all the benefits entitled to you. In addition, mediated divorce ends in a friendly atmosphere, paving the way to further cooperation regarding children’s care and upbringing.
A mediator does not give you the advice to remain neutral and unbiased. That’s another reason to hire a divorce attorney, even if both parties want mediation to end their marriage. Mediation is also costly and takes some time. When it is unsuccessful, it can go further to litigation, which means another legal expense on both sides.
How Does A Newport Beach Divorce Attorney Assist In A Collaborative Divorce?
As the term denotes, collaborative divorce requires the couple to be respectful and amicable. Both parties need to hire a divorce lawyer as a representative to talk about fair agreements. The same as mediation, the couple must cooperate and accept the terms of their contract. So the final decision does not fall on a judge, but it’s the collaboration of the two parties who know better what’s happening in their failed marriage.
When collaborative divorce fails, you need to hire different divorce attorneys to represent you in court. It may have doubled the cost or more when it reached the courtroom. But, if you have a Newport Beach divorce attorney trained in collaborative law, you have a greater chance of ending the process successfully.
How Does A Newport Beach Divorce Attorney Assist In Legal Separation?
Legal separation is an alternative or de facto divorce. Though there was no dissolution of marriage, the couple lived separate lives. Divorce is final; there is no looking back once the case ends, while legal separation is not definite.
Instead, it serves as a transition phase while both parties finalize the divorce process. So, a Newport Beach divorce attorney has the skills and training to go through the process with you with to come up an agreement with divorce as the outcome.
Other factors that couples opt for legal separation are religious reasons, stability of their children, and health care. Under federal law, health insurance coverage during the marriage ends when you get a divorce. So to let the other spouse continue health care benefits, the couple opts for legal separation. But they can pursue a divorce later when their circumstances already permit.
How To End The Divorce Case With A Newport Beach Divorce Attorney?
A six-month period of living apart is mandatory to end the marriage with a divorce. The process starts when the applying party serves the other party with a petition or court summon and when the other party gives a reply, if at all. The marriage ends with the competition of the following:
- The signing of the divorce judgment by a judge.
- Mailing of the divorce judgment to both parties
- Effectivity starts when a specific date appears on the judgment letter body stating the date the marital or domestic partnership ends.
One party has to prepare the judgment form with necessary documents attached to it. If you are the one to do it, ask your Newport Beach divorce attorney’s assistance to ensure the documents’ completeness.
Then a judge signs it before forwarding it to the other spouse. Make sure to keep a private copy of the judgment for legal and personal purposes later. In the case of legal separation, there is no mandatory six-month waiting period.
Newport Beach Divorce Attorney From Moore Family Law Group
When you plan to divorce your spouse, get the services first from your Newport Beach divorce attorney. Knowing your legal rights and benefits such as spousal support, child support, and divorce alimony. Also, you will have the knowledge or information to decide the best divorce option for you, which is convenient and efficient.
If both parties have invested more in the marriage, expect the divorce takes longer and gets more costly. Also, when both parties have disagreements, only the court can give solutions to their issues, so be prepared to spend more to dissolve the marriage.
Divorce in California is accessible to all as long as they are bona fide residents of the state. The divorce laws also give both parties fair benefits. Whatever you choose among the different types of divorce, it is a smart move on your part to get the services of a Newport Beach divorce attorney.
Divorce attorneys protect your rights, give sound legal advice, and save you time and money. Having the Moore Family Law Group in Newport Beach CA to rely on during a tumultuous time is comforting.