If you find yourself in an unhappy marriage, you should be the one who decides whether to stay or go. There are demonstrated advantages of being the first one who files for the dissolution of marriage. The truth is that you are better off from both a financial and legal standpoint. You have enough time to secure your possessions and gather important documents. What is more, you have the opportunity of assembling a divorce team in advance. In Orange County, as anywhere else in California, the divorce process is fairly simply, but if you are confused, you can read a divorce process graphic. With regards to filling the petition for dissolution of marriage, you should keep in mind the following things.
Have a lawyer handle the divorce papers
It is not necessary to have a lawyer to file a divorce petition, but you should consider getting the help of an attorney. The fact is that at some point you will need someone to advise you with the process and of course the paperwork. Watching videos or reading instruction in PDF formant on how to fill out the paperwork will not be very useful. What will be useful is having the dissolution documentation prepared by a paralegal that is supervised by a law attorney. For help in your divorce process in California, you should find an Avvo profile and get connected.
Be aware of residency requirements
If you want to take charge and legally end your marriage, you have to respect certain residency requirements. To be more precise, you must have lived in California for a period of at least 180 days and in Orange County for the past 90 days. Until you satisfy the residency requirements, the Orange County Superior Court cannot issue a judgement of dissolution. So, what do you do? In the case that you do not respect residency requirements, you can file a nullity petition. While it is not the same thing as getting a divorce, it does not have any residency requirements attached to it.
Completing the divorce petition
The first thing that you need to do is find the address of the court next to you. In addition to personal identifying information, you should make sure to include the duration of the marriage, identification of number of children and the assets that you would like to claim. Once you have completed the necessary forms, it is important to make a copy of each single one. You will need to provide the family clerk at least one copy of the original documentation.
Serving your forms to the spouse
In the American legal system, it is important for everyone to be aware of what is going on and implicitly have the chance to provide their insight. Therefore, you have to immediately send a copy of the forms to your spouse. It is important to make sure to include a blank declaration and a response form. Your spouse has a 30 day period to respond to the petition. Once this period is finalized, you can obtain a default judgement and discuss with the court regarding child custody.