Steven Carlson asked:


Orange County has over 10,000 Orange County attorneys or Orange County lawyers registered with the State Bar of California. Some popular cities within Orange County where Orange County attorneys may be practicing law are Aliso Viejo, Anaheim, Anaheim Hills, Atwood, Brea, Buena Park, Capistrano Beach, Corona del Mar, Costa Mesa, Coto de Caza, Cypress, Dana Point, El Toro, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Midway City, Mission Viejo, Monarch Beach, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Santa Ana Heights, Seal Beach, Silverado, South Laguna, Stanton, Sunset Beach, Surfside, Trabuco Canyon, Tustin, Villa Park, Westminster, Yorba Linda, and others. With so many attorneys practicing law in Orange County California, how do you find the right Orange County divorce attorney or Orange County divorce lawyer who can help you with your particular divorce case and/or child custody case?

First, an experienced Orange County divorce attorney or Orange County divorce lawyer should have experience and legal expertise in the field of family law. Family law covers a variety of topics such as divorce or dissolution of marriage, paternity, domestic partnerships, child custody and visitation, domestic violence, restraining orders, spousal support, child support, guardianship, adoptions, community property, division of property, and more. Some Orange County divorce attorneys may specialize or have more experience than others in specific areas of family law. For example, some Orange County attorneys are certified by the State Bar of California or an organization accredited by the State Bar of California as a specialist in the field of family law. Currently, Orange County has over 100 Certified Family Law Specialists (CFLS) registered with the State Bar of California. These Orange County attorneys have made efforts to become State Bar certified in the field of family law. In other words, of over 10,000 Orange County attorneys in California, approximately 100 are Certified Family Law Specialists (CFLS). However, just because an Orange County attorney is not a Certified Family Law Specialist does not mean he/she is not qualified and/or experienced to handle an Orange County family law, divorce and/or child custody case. In fact, there are many well-qualified Orange County attorneys or Orange County lawyers who do not hold State Bar certifications. If you are searching for an Orange County divorce attorney or Orange County divorce lawyer and you do not know what to look for or where to begin, narrowing down your search to only those who practice family law in Orange County may be a good place to begin.

Further, an experienced Orange County divorce attorney or Orange County divorce lawyer should have success representing clients on child custody and divorce cases in Orange County. He/she will likely be familiar with the judges, processes, and procedures in the Orange County family court which an attorney outside of Orange County may not have. However, just because an attorney or lawyer is not located in Orange County California does not mean he/she is not qualified and/or experienced to represent you on a family law, divorce, or child custody case in Orange County. Ultimately, if you have a child custody and/or divorce case in Orange County, you will want to investigate any prospective attorney’s background and experience and choose the right divorce attorney or divorce lawyer you believe can help you with your case and legal need.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



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Jon Arnold asked:


The total number of reasons for a divorce between two people who said “I do” awhile back are too numerous to count. The courts and the state would prefer that they try to work things out, which is one of the reasons that marriage counseling services are made available at minimal cost or even for free in many places. A marriage is also a legal entity, so the courts would prefer that the couple stay married, although it is well known that often this is not possible or desirable.

In the case of a fault divorce, one or both of the partners have done something that is the grounds for requesting the divorce. In other words, it is the “fault” of the other. For whatever reason, things cannot be worked out between the two parties and they have determined that divorce is their best option. This is contrasted with a no-fault divorce, where both couples agree that the marriage is just not working for whatever reason, and both parties agree that a divorce is the right thing to do. In best case, this is also sometimes known as an uncontested divorce.

Since divorce law varies widely from state to state, not all states recognize or allow a fault divorce. Some states also require the couple to participate in multiple sessions of marriage counseling services before they will move forward with the divorce.

There are many things which can contribute to a fault divorce. One of the more common things is the cruelty of one of the partners to the other. This happens when one partners inflicts pain on the other. This is not limited to physical pain or abuse, which is an entirely separate matter since that gets into legal jurisdiction with the police. But it can be unnecessary emotional pain to the other. Constant yelling, name calling, and verbal abuse are all forms of this type of fault.

Another very common reason for a fault divorce is adultery, where one partner has an affair with another person. This situation can get sticky, because if the person being cheated on is aware of it for a time and does nothing about it, then the fault divorce case could contend that the partner actually condoned the affair, so if you are in this particular situation, be aware of the legal arguments that could be brought against your fault divorce claim.

Desertion or abandonment is another reason for fault divorce. This is where one partner just moves out and goes to live elsewhere, perhaps with another person and perhaps on their own. They just do not want to be with their original partner any more. This is certainly grounds for a fault divorce. This is similar to a situation where one partner is put into prison for a number of years.

The reason for proving fault in a divorce is that one partner may end up getting a greater share when assets are divided, but again this varies by state, and proof of the alleged fault will need to be obtained and presented.



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Jannelle Zawaideh asked:


Marriage is described as the personal union of individuals where you vow to love honor and obey, but sadly for reasons that are personal to the individuals, marriage often breaks down, bringing in grounds for divorce.

Divorce is based on state law so depending on which state you live in you may be filling for absolute, limited or no fault divorce. In the state of Michigan the divorce law that is most commonly seen is a no fault divorce. This type of divorce doesn’t require any proof of fault from either party involved; all you have to do is demonstrate that the relationship is no longer viable. Common reasons for no-fault divorce include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage. This type of divorce can be forced on the non-initiating spouse even if it is against their wishes.

In order to start a divorce procedure in Michigan you must live there for 180 days before you file your complaint for divorce. If you are the spouse that initiates the divorce procedure you are known as a plaintiff. If you are the spouse who doesn’t file for divorce you are known as the defendant.

So how long will a divorce procedure take within Michigan? If there are no children involved in your divorce procedure then it is estimated your divorce procedure will take 60 days to complete. If there are children involved then you cannot be granted a divorce for at least six months. It should be noted that these times are just a rough guide and more often than not these times should be doubled.

A divorce is based primarily on a lot of documents that are needed in order for the divorce procedure to begin. The first of these documents is known as a summons; this is a document that notifies your spouse that a divorce procedure has begun and that they have 21 days to respond. Once the summons has been sent you will move onto dealing with the complaint, which is the document that officially starts the divorce and contains numerous details such as:

• Yours and your spouses name, including maiden names

• The names and date of birth of any children that you have

• When and where you were married as well as the date of your separation

• Your length of residence in the country and state

• The grounds for divorce

• Detailed of any property

After the summons and complaint has been served to the defendant it is the defendants job to file an answer to the complaint; if this happens the answer is filed and the divorce case becomes contested; however if the defendant fails to deliver a reply to the complaint the case becomes uncontested. Another option that the defendant has after receiving the complaint is to produce a counter claim, which the plaintiff then has to answer.

Once the complaint has been sorted you will move onto trying to come to a settlement. If a settlement cannot be reached the case will then be tried. After this comes the most important document to do with your divorce; the judgment, your final decree, which is what grants you your divorce.

The one piece of advice that I can offer you when it comes to obtaining your divorce, whether you are the plaintiff or the defendant is to find a good divorce attorney as they will be able to help you with all aspects of your divorce, especially if things start to become difficult.



NELSON

Jon Arnold asked:


Nobody goes into a marriage looking at the reality of divorce a few years down the road, but it happens with many marriages these days. The first thing you need to do is make sure that both you and your spouse have agreed that divorce is your best option. In some states, divorce law mandates that both of you attend marital counseling sessions before divorce proceedings can start, so be aware of the requirements in your state.

If both you and your spouse agree that divorce is your best option, and that marital counseling is just going to delay the inevitable, then you may be a candidate for what is known as an uncontested divorce. Are any and virtually all assets that you jointly own able to be easily divided, where you and your spouse can mutually agree on how to divide them? If so, then an uncontested divorce might be your easiest option and your most cost effective option.

But one of the things that you must make sure you fully understand is the divorce is final. It is not like a trial separation where a couple separates for awhile to understand how life works for them without the other one around. Sure, you can change your mind before the proceedings are finalized, but that is going to cost you even more money, not to mention the personal time you will have used to get to this point.

The other thing you need to fully understand is exactly what is meant by the term uncontested divorce. Generally speaking, it means that both parties agree that a divorce is their best option and nothing will be argued about, either in terms of the divorce itself or in the division of assets. Typically, a couple who is doing an uncontested divorce may have already split their assets and may not even be living together, so the divorce for them is almost just a formality.

Should you do it yourself or consult with a divorce lawyer? A lot of the answer to that question is how far you trust your spouse. If it is truly uncontested and you are 100% confident that no skeletons will jump out of the closet during the proceedings, then you can probably do it yourself and save some money. But if you do not have that level of confidence, even though on the surface it would seem that the divorce would be uncontested, you may want to protect yourself by consulting with a divorce lawyer first.

A good divorce lawyer may be just a consultation or two, where the lawyer lets you know what your rights are and what you can expect. If you truly expect the divorce NOT to be uncontested, you may want to consider actually hiring the lawyer to be with you every step of the way. While the latter option is of course going to cost you more, consider how much more it may cost you if your spouse pulls a rabbit out of the hat during the proceedings, where you are not prepared for something which is going to definitely turn out to NOT be an uncontested divorce. This is a judgment call on your part, but especially in financial terms, it may be better to err on the side of caution to ensure that you do not get hosed in the process.

If you do use a lawyer, do your research carefully. Make sure that the lawyer you choose is familiar with divorce law in your state, and has experience with what was expected to be an uncontested divorce and actually turns into something else. Every situation is different, so be cautious of divorce lawyers who suggest a cookie-cutter approach.

Since you are considering divorce, things have not been good up to this point. Make sure that you do everything you can to make your divorce go smoothly and allow yourself to restart your life on the right foot.



ANNA