Best Family Law Attorneys in Aliso Viejo, CA

For all intent and purpose, yes. The term divorce is associated with fault-based proceedings to end a marriage. California, like most states, are no-fault states and the courts have adopted the dissolution terminology instead. However, both terms are used interchangeably in California to mean the legal termination of a marriage. So, whether you wish to call it divorce or prefer marital dissolution, the divorce attorneys at Orange County Family Law will make sure you are always well represented.

The only person who can stop you from getting divorced is you. Regardless of whether your spouse consents to the dissolution, you have the right to end the marriage whenever you wish to do so. Keep in mind, however, that while your soon-to-be ex cannot stop you from dissolving the marriage, he or she can make the process very unpleasant. The divorce lawyers at Orange County Family Law have the necessary knowledge and experience to shield you from much of this unpleasantness, including obtaining restraining orders that will provide safety and peace of mind.

Once dissolution papers have been signed, filed, and signed by a judge, you are officially divorce, provided that six-months have passed since the filing of the petition for dissolution of marriage. This statutory six-month cooling-off period in California is there in order to give the parties a chance to change their minds about getting divorced. Once a divorce decree is issued, it is final. Should the parties change their minds after the divorce is final, there is no way to reverse the divorce and they will have to marry anew, with no credit for the years they were previously married.

If your spouse can show you were properly served and given the opportunity to respond, yet failed to do so, the court will grant your spouse a divorce by default. Unless there are no children and no assets, it is probably not in your best interest to ignore a summons and petition for dissolution. The divorce lawyers at Orange County Family Law can advise you on the best course of action after being served with dissolution papers. And perhaps, in very rare instances, you may be able to simply ignore the entire episode and let your spouse take the necessary steps to end the marriage.

The major difference regarding custody when the parents are unmarried is that paternity is not presumed. In California, when a child is born during marriage, the husband is presumed to be the father of the child. Conversely, when a child is born out of wedlock, paternity is not presumed and must be established via a parentage action. This is true regardless of the amount of years father has been caring for the child. Keep in mind that parentage is rarely contested and therefore easily ascertained. In those rare instances where paternity is challenged, DNA testing may be ordered by the court to determine paternity.