Irvine Divorce Attorney

We'll Guide You through This Complicated Experience

If you're experiencing a divorce, we understand that you are going through one of the most challenging times of your life. If you and your spouse have decided to go your separate ways, we at Giammichele Law, APC can provide the legal advocacy you need to defend your interests. With our assistance, you can pursue a settlement that treats you fairly.

Divorce can involve matters such as the following:

  • Property Division
  • Spousal Support
  • Child Custody
  • Child Support

Our divorce attorney in Irvine can help you protect what matters to you concerning these aspects of divorce and throughout the whole process. Our goal is to ensure our clients feel confident about their chances of getting what they need out of their divorce.

For more information, schedule a consultation with Giammichele Law, APC today by calling (949) 303-7811 or by contacting us online.

Residency Requirements for Divorce in California

Other states may require certain grounds for a divorce filing to proceed, but California recognizes no-fault divorce. This means that neither spouse has to prove the other engaged in some form of wrongdoing, such as infidelity. This also means that one party can file for divorce even if the other party doesn't want to divorce.

California, however, does have a residency requirement necessary for a divorce to proceed in its territory. There are two main parts of this requirement:

  • One or both of the spouses must have been a California resident for a minimum of six months prior to filing for divorce
  • One or both spouses must have lived for three months in the county where the divorce is filed.

This means that a couple that married in one state and moves to California may have to wait to file for divorce unless one of the spouses was living in California for at least six months prior to marriage. When the residency requirement hasn't been met, the couple could consider divorcing in the state they married, provided that state's requirements for divorce are met.

A possible workaround to California's residency requirement for divorce is a legal separation. This can start the process of disentangling the spouses' legal and financial affairs without needing to meet the residency requirement. Once separation has been achieved with the assistance from your legal counsel, the arrangement can be converted to a divorce later on.

Contested & Uncontested Divorce

In California, there are two types of divorce:

  • Contested Divorce: This is a situation in which divorcing spouses disagree on property division, child custody, child support, spousal support, and other important issues. Even if only one of these matters is a sticking point with a spouse, the divorce is considered to be contested. Divorce proceedings will need to take place and often require a trial before a family court judge. After hearing arguments, the judge will make a decision that becomes binding upon the finalization of divorce.
  • Uncontested Divorce: A more simple divorce process is one that's uncontested. This is a situation in which spouses have already agreed to the terms of their divorce. Each spouse must submit the agreement to the court for final approval, but they do not need to appear before a judge. This is the quicker and most cost-efficient way to divorce.

Do You Need Legal Assistance?

How long it takes to divorce depends upon how contested it is and if the residency requirement is met. Our divorce lawyer in Irvine can help you through each step of your divorce so that you can feel more confident that your interests are protected throughout the process.

Learn more by scheduling a consultation with Giammichele Law, APC. Get in touch with us today by contacting us online!