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Newport Beach Divorce Attorney

Professional Divorce Representation - Law Offices of Marc E. Mitzner

The Law Offices of Marc E. Mitzner | Newport Beach Divorce Lawyers

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:

Irreconcilable Differences

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.

Incurable Insanity

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.

  1. 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.
  2. 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.
  3. 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 objections to spousal support, requests for child custody, etc.
  4. 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.
  5. 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.
  6. 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!

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