Can You Get Divorced Without Going to Court in Orange County?

Getting a divorce does not have to be a contentious process. If you’re looking to dissolve your marriage, you may wonder, “Can you get divorced without going to court in Orange County?” You can file the necessary paperwork and have a judge sign off on the divorce without the need to appear in court. However, if any part of the divorce is contested by your spouse, you may have to appear before a judge before a decision can be made.

Orange County Family Law

At Minyard Morris, we have a team of 19 family law attorneys ready to pursue your goals and exceed your expectations. With a combined 350 years of experience, our divorce attorneys frequently collaborate through three weekly meetings, offering our clients individualized attention, along with the knowledge and perspective of our whole firm.

Prevalence of Divorce Cases

The 2024 American Community Survey (ACS), collected by the United States Census Bureau, looks at census data for the United States. Divorce rates per 1,000 reached:

• 4 for men
• 9 for women

In California, divorce rates per 1,000 reached:

• 6 for men
• 2 for women

The Divorce Process in California

Per the Orange County divorce laws, the divorce process consists of four main parts for couples who are married or in a domestic partnership. For an uncontested divorce, you can complete these steps with the assistance of a skilled divorce attorney without going to court. The process includes:

1. Fill out the necessary court forms.
   • You need to complete a Petition (Form FL-100) and a Summons (Form FL-110).
   • If you have children under 18 together, you also need to fill out a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105).
   • You must pay a filing fee when submitting the forms.
   • If there are any issues you want a judge to decide right away, you can request a temporary order.
   • There may be additional forms required in your area. A knowledgeable divorce attorney can advise if there are any local forms required.
   • Be sure you have signed the petition, and make two copies of each form.
   • Your spouse must be served with the divorce papers. You are not allowed to serve the divorce papers yourself. A friend, family member, or county sheriff can serve the papers.
   • After the papers have been served, file a Proof of Service of Summons (Form FL-115).
   • If your spouse doesn’t respond within 30 days, you can ask for a default judgment.
2. Share your financial information within 60 days of filing a Petition.
   • Gather all your financial documents, including tax returns, proof of income, and any other documents showing what you own and anything you owe.
   • You have to sign a Declaration of Disclosure (Form FL-140).
   • Fill out the Income and Expense Declaration (Form FL-150).
   • You may also need to complete a Schedule of Assets and Debts (Form FL-142) or a Property Declaration (Form FL-160).
   • You are going to need someone to mail copies of these forms to your spouse.
3. Work with your spouse to decide how to divide your assets.
   • Decide how items are to be divided, how children should be provided for, and if anyone needs to pay spousal support.
   • You can reach an agreement together, seek a neutral mediator, or have a judge make final decisions.
   • Write down your final agreement.
4. Finalizing the divorce.
   • Fill out the final order forms.
   • Submit the forms and your written agreement to the county clerk.
   • A judge reviews and signs the forms.

FAQs

Can I Still Get Divorced in California If My Spouse Refuses?

Yes, you can still get a divorce in California if your spouse refuses to cooperate with the divorce proceedings. Either partner can initiate the divorce. California has a no-fault divorce law, so neither spouse must prove that the other is responsible for the marriage not working. If your spouse refuses to cooperate, the court can still hear the case and make decisions about the end of the marriage. Refusal to participate may lead to a default judgment.

How Long Does It Take to Get a Divorce in California?

In California, your divorce should take a minimum of six months. Once the initial paperwork has been filed to initiate the divorce, your spouse must be notified that the papers were filed. There is a six-month waiting period from the date your spouse was served before the divorce can be finalized. After the six-month waiting period has ended, the divorce is not final until after a judge signs a Judgment of Dissolution and it is filed with the court.

Can I Get a Divorce If I’ve Just Moved to California?

If you have just moved to California and want to get a divorce, you may have to wait. Unless your spouse has been a legal resident of California for six months, you must wait until you’ve lived in California for six months and at least three months in the county you plan to file in. You could file for a legal separation immediately after moving to California and amend it to divorce proceedings once you reach the residency requirements.

What Is the Difference Between a Divorce, a Legal Separation, and an Annulment?

There are a few distinctions between a divorce, a legal separation, and an annulment. A divorce is legally referred to as a Dissolution of Marriage. A Dissolution ends all legal bonds. A legal separation does not end all legal bonds but allows each partner to live separately and make their own financial decisions. An annulment, also called a nullity, voids the marriage or domestic partnership as if it never existed.

Hire a Divorce Lawyer

Getting divorced is rarely simple, but that doesn’t mean you have to spend hours in court. At Minyard Morris, we’re skilled negotiators, so we can handle your case outside the courtroom. We are also excellent litigators. If your divorce can’t be settled through negotiation, we have the skills needed to represent your goals before a judge. Contact Minyard Morris today to schedule a confidential consultation.