Newport Beach Divorce Attorney
Professional Divorce Representation - Law Offices of Marc E. Mitzner
The prospect of divorce has been known to unleash a wide-range of emotions,
which is understandable when considering the many aspects of divorce law. At
The Law Offices of Marc E. Mitzner, our team is here to provide you with an unbiased, third-party perspective
that can help you resolve your case.
Whether you are struggling through a
contested divorce or you are looking for a mediator for an
uncontested divorce, you should
contact our Newport Beach divorce lawyers for help.
Why Choose The Law Offices of Marc E. Mitzner?
Call us at 949.416.2057 or submit an
online case evaluation to speak with our Newport Beach Divorce Attorney!
How To Establish The Grounds for Divorce
The state of California defaults to two different lines of reasoning when
attempting to establish the grounds for a legitimate divorce are made.
In order legally dissolve a marriage under reasonable circumstances, it
must either be proven that the couple suffered from irreconcilable differences
or incurable insanity. The breakdown of each is as follows:
When significant differences exist between each party of a married couple,
the differences may lead to issues that the couple is ultimately unable
to overcome. When such differences are determined as beyond resolution,
the marriage will be recognized as unworkable and hence permitted by law
for divorce. Most often, irreconcilable differences are cited as the cause
for a no-fault divorce. Couples who file for divorce under the grounds
of irreconcilable differences will rarely be questioned in court as to
what these differences actually are; instead the divorce is routinely
granted under the assumption that irreconcilable differences between the
couple truly do exist.
Although rarely used, incurable insanity can be claimed as a reasonable
means for divorce in the state of California. Under such conditions, not
only will one spouse's insanity need to be proven, it must also be
shown that the insanity is incurable. In order to provide the proper proof
in these instances, a husband and wife seeking divorce will need to submit
medical provisions that justifiably account for the insanity and its state
of incurableness. The individual who is declared insane must exhibit such
tendencies at the time that the filing is made as well as when the petition
is brought before legal professionals to complete the divorce.
Steps Involved in Filing for Divorce in CA
There are many legal aspects involved in the process of filing for divorce,
all of which are best completed under the guidance of a professional Newport
Beach divorce attorney who can walk you through the process step by step.
One of the first steps involved will require that and your attorney (or
mediator) fully prepare the legal
Petition and Summons. The process can only officially begin once the Petition and Summons have
been filed with the clerk of the superior court in your corresponding
county. Unless your income allows for a waiver, there will be a fee to
submit these documents.
- You can expect your current spouse to be delivered (in legal terms, "served")
a copy of the Petition, the Summons and a blank Response by an official
representative who is over the age of 18. You are not permitted to deliver
the papers yourself.
Your spouse will have exactly 30 days to file his / her
Response, and in the response your spouse will need to include the items that he
/ she feels need to be resolved by the court during the divorce process.
Indications that are considered to be in accordance with the law include
spousal support, requests for
child custody, etc.
During the filing process you may be asked to complete
disclosure declarations which will provide crucial information about your income, debts, assets,
expenses, etc. in order to cooperate with your spouse and their representative attorney.
Temporary orders can be requested by you or your spouse, calling for a hearing where a
judge will decide upon the conditions of child custody, support, visitation,
etc. for the interim period between your filing the completion of the divorce.
- Represented by your attorney / mediator, you will then meet with your spouse
and their attorney / mediator to come to an agreement for the conditions
sited in the dissolution documents you have filed.
Court appearance for a trial will only be necessary in circumstances in
which you and your spouse are unable to mutually agree upon the terms
and conditions of your divorce. In these instances, a court judge will
be involved and he / she will make the ultimate determinations. If your
spouse fails to ultimately complete his / her Response, you have the right
to request a Default and continue with the divorce in default hearing
where a judgment will then be made. In most cases, the judge will issue
a judgment in accordance with the personal requests that were made in
your original petition.
Contact a Newport Beach divorce attorney today to help you in your case!