1. Do I need an attorney to file for divorce in Orange County?

a.  No, you may represent yourself in a divorce proceeding.  However, oftentimes complex issues arise regarding community and separate property and the assistance of counsel can save you time and money.

Retaining a highly qualified advocate to help you navigate through the murky waters of divorce will also help you maintain your mental health in this stressful endeavor.  

2. How does the divorce process work in California, what are the steps?

A divorce begins when one spouse files a Petition for divorce.  The person who files the Petition is the "Petitioner." The Divorce Petition must then be served on the non-petitioning spouse, referred to as the Respondent.

After the Respondent spouse is served, that person has 30 days to file a Response. This document tells the court that the Respondent wishes to participate in the divorce proceedings.   

If the Respondent fails to file a Response within 30 days after being served with divorce paperwork, the case proceeds without the Respondent’s participation. The Petitioner prepares a judgment and submits it to the court. The Petitioner requests orders concerning custody, visitation, child support, spousal support, attorney fees, and division of property. Six months and one day after the Respondent is served, the divorce becomes final (this is called a "waiting period").                                more >>