Divorce

Irvine Divorce Attorney

Serving Orange County, CA for Over 30 Years

“A strong attorney/client relationship is a vital component to a successful outcome in any legal process. We value that communication and relationship and we are committed to clear, concise, and compassionate communication with every client."

No one enters into a marriage expecting to get divorced, but unfortunately, sometimes it is the best option for both parties. If you find yourself in this situation, it is important to choose an Irvine family law attorney who will be able to protect your interests and help you through this difficult time. Kirk & Toberty, Attorneys At Law is a family law firm with experience handling complex divorce cases in Irvine, California.

We understand the unique challenges of getting divorced, and our family attorneys in Irvine will work diligently to ensure you are treated fairly throughout the process. Whether you are looking to settle your divorce amicably, need mediation, or need to litigate more complex family law issues involving property division or child custody, our team is here to help.

Contact us at (949) 416-2215 to schedule a consultation with a skilled Irvine divorce lawyer at Kirk & Toberty, Attorneys At Law.

At Kirk & Toberty, LLP, we understand that divorce can be a stressful and emotional experience. That's why we offer mediation services as an alternative to traditional divorce court.

What Are the Grounds for Divorce in California?

Also known as the dissolution of marriage, there are two grounds for divorce in California:

Irreconcilable differences that have caused the marriage to break down
Insanity that is not curable

California is a “no-fault divorce” state, so this means that divorce can be granted even if one spouse states that there are irreconcilable differences -- the party seeking divorce is not required to prove the grounds for divorce, even if the other spouse does not agree with it.

If a spouse is seeking a divorce based on “incurable insanity” then proof is required to show that the other spouse was insane when the divorce was filed and remains incurably insane.

What is the Residency Requirement for CA Divorce?

In order to file for divorce in California, the person who is filing or the spouse must have resided in California for the last 4 months and the last 3 months in the county where the divorce will be filed. There is an exception to this requirement -- if they were married in California but cannot get a divorce where they currently live, such as in another country that does not recognize same-sex marriage, then the requirements are different.

If your situation is like this, do not hesitate to reach out to an experienced Orange County divorce lawyer at Kirk & Toberty, Attorneys At Law. Our legal team is backed by decades of family law experience and is prepared to answer any of your questions and guide you through the divorce process. Contact our law firm online or call F:P:Sub:Phone} to make an appointment.

Filing for Divorce in California

Below are the basic steps to filing for divorce in California:

File a petition and summons. You must take the forms (and 2 copies) to file to the court in Orange county where you and your spouse have resided in the last 3 months. Pay the filing fee.
Serve your spouse (the “respondent”) with copies of the divorce petition and any additional papers included with the filing.
Your spouse has 30 days to respond. They must serve the response to you and file proof with the court.

In California, couples that are divorcing are also required to exchange information regarding their income, expenses, assets, and debts. It is not necessary to file these with the court, however, both spouses must declare to the court confirming that this information was provided to each other.

With our skilled legal team by your side, you can have peace of mind knowing that your financial interests are being protected throughout the divorce process. Contact Kirk & Toberty, LLP today to schedule a consultation with one of our experienced Irvine divorce attorneys.

The Importance of Hiring a Local Divorce Attorney

Hiring a local divorce attorney can be important for several reasons:

Familiarity with local laws: Laws related to divorce and family matters can vary from state to state and even from county to county. A local attorney will have a deep understanding of the specific laws and procedures that apply to your case in your jurisdiction, ensuring that your case is handled in compliance with local regulations.
Courtroom experience: An attorney who regularly practices in the local courts will be familiar with the judges, court staff, and local procedures. This familiarity can be advantageous in navigating the legal process efficiently and effectively, potentially leading to better outcomes for your case.
Accessibility and convenience: Working with a local attorney can make it easier to meet in person for consultations, court appearances, and other necessary meetings. This can be especially important in divorce cases, where open communication with your attorney is crucial.
Knowledge of local resources: A local attorney is likely to have connections with other professionals in the area, such as mediators, appraisers, and therapists, who can provide valuable support and expertise during your divorce proceedings.
Understanding of local norms and practices: Every community has its own unique cultural norms and practices that can impact divorce proceedings. A local attorney will be attuned to these nuances and can provide insights that an out-of-town attorney might not be aware of.

Overall, hiring a local divorce attorney can offer you the benefit of working with someone who is well-versed in the specific legal landscape of your area, which can ultimately help you navigate your divorce more effectively and achieve the best possible outcome for your situation.

Choose An Experienced Divorce Attorney in Irvine

If you are considering filing for divorce, reach out to one of our seasoned Irvine divorce attorneys here at Kirk & Toberty, Attorneys at Law today. We serve clients throughout Orange County, the Inland Empire, Riverside, and beyond. Call (949) 416-2215 to schedule an appointment as soon as you can.

Speak with divorce lawyer in Irvine to understand more about the process and your options when it comes to child custody, child support, and more. Call (949) 416-2215 or contact us online .

Divorce Requirements in California

In California, the process for getting a divorce is fairly simple. The first thing you need to do is file a petition with the court, which can be done online or in person. Once the petition is filed, your spouse will have 30 days to respond. If they do not respond within that time period, you can move forward with a default divorce.

However, if they do respond, you will need to attend a mandatory settlement conference. This is where you and your spouse will try to reach an agreement on all of the terms, including child custody, property division, and spousal support. If you are unable to reach an agreement at the settlement conference, your divorce case will go to trial.

Our Irvine divorce attorneys are committed to helping you understand your options throughout the process and pursuing the most favorable outcome possible. For experienced guidance through the tough decisions, reach out today.

Call (949) 416-2215 an Irvine divorce lawyer or contact Kirk & Toberty, Attorneys At Law via online form to set up a consultation.

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