Costa Mesa Divorce Lawyer
Filing for and finalizing a divorce can be an emotional and stressful process, even in the most ideal circumstances. There is a very specific process that must be followed, and a great deal of paperwork and legwork must be done. On top of the emotional and stressful process of ending a marriage, navigating the legal system can seem impossible. Working with a Costa Mesa divorce attorney can provide the peace of mind and support you need as you tackle your divorce. The team at the Law Offices of Dorie A. Rogers is here to help and ensure the divorce process is as painless as possible.
Costa Mesa Practice Areas
Contact the Law Offices of Dorie A. Rogers
Dorie A. Rogers, has more than 30 years of experience and is certified as a family law specialist by The State Bar of California Board of Legal Specialization. Only a small percentage of California family law lawyers who have demonstrated high ethical standards and a unique level of experience, education, knowledge and skill in family law achieve this recognition.
Contact our Costa Mesa divorce lawyers today to schedule a consultation with an experienced Orange County divorce lawyer. We offer a variety of representation options, including the cost-effective opportunity of working with our associate attorney, Lisa R. McCall, under the supervision of Ms. Rogers.
California Grounds for Divorce
California is a no-fault divorce state, so the initial paperwork to initiate the divorce can be filed by either spouse. There is no requirement for proof of why the marriage is ending. Both spouses are not required to agree that they wish the marriage to end. While proof is not required, California does require that the individual filing for divorce list the grounds for the divorce. There are two grounds for divorce accepted in California: permanent incapacity and irreconcilable differences.
Permanent incapacity is the rarer of the two options, but it is still accepted as grounds for divorce. This means that your spouse is unable, for whatever reason, to make major decisions for themselves, either mentally or legally. However, you must require proof of the incapacitation. This usually comes in the form of confirmation from a medical professional.
The second grounds for divorce, irreconcilable differences, posits that there has been permanent damage done to the relationship in some way. The marriage is being ended by at least one spouse because they believe that there is no possibility of it being restored. This does not require any proof or evidence that the other spouse did something wrong. It also does not require any details of what the breakdown of the relationship was.
Contested and in Uncontested Divorce California
There are two grounds for divorce that can be claimed in California. Similarly, there are two ways that the divorce can proceed. Once the initial paperwork has been filed and the other party has been notified, the divorce will either continue as a contested or uncontested divorce.
Contested divorces happen when the spouses are unable to reach an agreement or get along during the proceedings. If a divorce is contested, then it will have to go through an entire trial process to be finalized. As with any trial, during a contested divorce, both parties will:
- Collect and share the necessary information.
- Gather witnesses and evidence.
- Provide testimony during the hearings.
A judge presides over the case and makes the final decision.
Uncontested divorces occur when both spouses agree about the divorce and can easily and efficiently negotiate the terms. These cases do not have to go through the courts because there is no disagreement on things like child support and spousal support. An uncontested divorce takes a great deal less time, is easier to process, and is more cost-effective.
Whether your divorce is contested or uncontested, it will go through a specific process. This can be one of the more difficult aspects of a divorce. Working with an experienced Costa Mesa divorce attorney is crucial to achieving a favorable outcome.
The California Divorce Process
Regardless of whether your divorce is contested or uncontested, in the state of California, there are four primary steps that must be followed.
- Filing the Initial Paperwork: The first step of this process requires one spouse to file paperwork making it clear that they wish to dissolve the marriage. When the initial paperwork has been filed, they must set up a way to notify the other spouse of the filing.
- Sharing Necessary Financial Information: Once the paperwork has been filed to initiate the divorce, the spouse who filed must share all their necessary financial information. This may include their income as well as any debts they may have. The other spouse is not required to share any financial information unless they are actively participating in the divorce proceedings.
- Negotiation of Any Major Decisions: This step is fairly simple in an uncontested divorce, but it can be particularly challenging in a contested divorce. The third step of an uncontested divorce is simply the couple determining how assets will be divided, what spousal support is, and any child custody or support agreements. A contested divorce, however, has to go through the entire trial process before a judge makes the final decision.
- Finalizing the Divorce: Once the mandatory waiting period has passed, the couple will be required to file the paperwork that is necessary to finalize the divorce. This can be done once all major decisions have been agreed upon or determined by a judge. There may be different requirements for the paperwork, depending on the specifics of each case, but the outcome is always the same. The marriage will be officially dissolved once the necessary paperwork is filed.
Divorce Costs in California
It can be difficult to estimate the exact cost of a divorce in California. There are several key factors and circumstances that could impact the total amount. The difficulty of the case, whether the divorce is contested or uncontested, and the legal fees accrued will all be part of what determines the final cost. Filing the required paperwork will likely cost several hundred dollars, depending on the county where it is filed. Any attorney’s fees will be an additional expense. Regardless of circumstances, you can anticipate spending several thousand dollars to finalize a divorce in California.
Divorce Attorney Family Law FAQs
Q: What is the average cost of Costa Mesa divorce attorneys in California?
A: It can be difficult to estimate how much a divorce lawyer in California will cost. There are several factors involved when estimating legal fees. A Costa Mesa divorce attorney will either charge a flat fee or an hourly rate, which will impact the costs. Other factors that will impact legal fees have to do with the attorney you work with. An attorney who is well educated, has years of experience, and specializes in divorce cases will likely charge a higher fee. You can anticipate spending a few thousand dollars on a divorce lawyer in California.
Q: Do I need a lawyer to get divorced in Costa Mesa, California?
A: You do not need a lawyer to get divorced in Costa Mesa, California. The system was created in such a way that you can file all the necessary paperwork and finalize the divorce with no assistance from an attorney. This is not advised, however, because the processes of filing for and finalizing a divorce can be difficult and confusing. An experienced divorce attorney can guide you through the process while fighting to ensure that the settlement reached is fair and equitable.
Q: What is a wife entitled to in a divorce in California?
A: There are many factors that determine what a wife will receive in a California divorce, so there is not a single amount the wife may be entitled to. How long the couple has been married and how much income each spouse brings in, along with other factors, will be considered when the amount of spousal support is established. Some cases give the wife half of all marital assets. The wife may also be awarded up to 40% of the other spouse’s income each month, if that amount is necessary for spousal support and childcare. Establishing a prenuptial agreement can make the division process much easier.
Q: How long does it take to get a divorce in California if both parties agree?
A: A divorce where both parties agree and keep the process as simple as possible is referred to as an “uncontested divorce.” The process for an uncontested divorce is typically much easier than a contested divorce and will take significantly less time. Regardless of whether the divorce is contested or uncontested, however, California has a mandatory waiting period of six months. This means that, once the papers have been filed to initiate the divorce, the couple must wait at least six months before their divorce will be finalized by the courts.
Contact the Orange County Law Offices of Dorie A. Rogers
The process of finalizing a divorce can be difficult, time-consuming, and emotional. You are required to examine every part of your life and determine how everything will be divided. For those who have little to no experience with the legal system, this process can be stressful and overwhelming.
The experience and expertise of a Costa Mesa divorce attorney can make the process easier to handle. A good attorney will provide you with guidance through the divorce process, resources to help you make the best choices, and peace of mind as you finalize your divorce. You may have a simple, uncontested divorce and simply need some guidance. Perhaps you are anticipating a legal battle and need an expert divorce attorney to fight for you. No matter what your case entails, the team at the Law Offices of Dorie A. Rogers can help. Contact our team today for all your divorce needs.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.
Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
How Much Does a Divorce Lawyer Cost in California? (2023)
Divorces are widely known for being expensive. Between constant court dates, hiring a lawyer, [...]
2023 Statute of Limitations Domestic Violence California – All You Need to Know
Domestic violence is a serious crime that can have long-lasting effects on both the [...]
California Divorce Process Step By Step
The divorce process is unique for everyone that goes through it. You could have [...]