The first productive step in dissolving a marriage (getting a “divorce”) should be consultation with an experienced divorce lawyer. It is crucial that the filing party understand the potential legal repercussions associated with their decision prior to filling for a divorce. Most divorce lawyers will offer an initial free consultation, which the client can use to educate themselves on the intricate process of divorce in California.
Traditionally, when a spouse filed for divorce, they had to state the grounds on which they were filing. Thereafter, that spouse had to support those grounds with evidence. If that spouse had insufficient evidence, they stood the change of having their filing dismissed.
The dissolution of marriage process, more commonly known as a divorce, has undergone critical changes in California. At one time, divorces were only granted on grounds, including, but not limited to, adultery and/or mental cruelty. This has changed, however, resulting in much broader grounds for obtaining a divorce.
“Irreconcilable differences” is the new common standard for getting divorced throughout California and, of course, in Orange County. This standard is defined as any grounds that the court determines to be significant reasons for the termination of marriage. Notable is the fact that California is a “no-fault” divorce state, which means that if a married person desires to get a divorce they can do so even if the other spouse disagrees.
Another ground for divorce in California is “incurable insanity”. This standard is more specific than “irreconcilable differences”; and, therefore, requires showing of certain medical and/or psychiatric conditions.
If you or someone you know is considering filing for divorce in Orange County, California, contact attorney Brian A. Bayati of Newport Beach based Bayati Law Group for a free consultation. We look forward to helping you!