An experienced local Newport beach divorce attorney near you can help you with your case. When filing for a divorce in Newport Beach you definitely have your expectations as far as the process is concerned.
Divorce laws, as well as issues that come up throughout the process, can determine the steps that your divorce undergoes. This is why you need an experienced Newport beach divorce attorney on your side throughout the whole step.
A Newport beach divorce attorney can help you get papers filed correctly, respond to servings on time, and represent you in trial etc. The reality is that you are bet off having the right family law & divorce lawyer on your side than not.
The Types Of Newport Beach Divorce Cases
There are different types of divorce that a Newport beach divorce attorney handle. They are:
1. Newport Beach Summary divorce– it is also referred to as simplified divorce and it is most suitable for couples married for a short period of time, sometimes less than five years and without too much property and no children. Under this type of divorce, both must agree and file the papers jointly. It does not require too much paperwork and can be done without a divorce attorney, hence it is the easiest of all divorces.
2. Newport Beach Default divorce – it takes effect in a situation when your spouse fails to respond to the petition or to appear in court. It is granted by default especially if the spouse is nowhere to be found or has left for an unknown place.
3. Newport BeachUncontested divorce – it is the best that you can choose as long as both parties are in agreement on the divorce terms. No formal trial is required in this type and you don’t even have to make court appearances since the court papers are cooperatively filed to make it happen.
4. Newport Beach Mediated divorce – it is a kind of divorce where the help of a third party is included to assist you and your spouse to reach a divorce agreement. The work of the mediator is to help you with communication and issue resolving so you can reach mutual agreement on the divorce. The last decision is up to the both of you; the mediator makes no decisions on your behalf.
5. Newport Beach Arbitration – under arbitration, both parties agree on hiring a private judge in this case known as an arbitrator. He is given the responsibility of making the decision which must be honored by both parties no matter what.
6. Newport Beach Contested divorce – it is a divorce that is prompted by an argument over child custody or property. With such disagreements, the judge is handed over the issues to make the final decision. It has a process made up of settlement negotiations, exchanging of information, hearings and even a court trial in case there is no resolution between you and your spouse.
Regardless of the type of divorce or family law issues you seek, divorce attorneys can come in handy in any of the types of divorce.
Common Divorce Processes
Below are some of the common steps that your Newport Beach divorce process might take:
1. Legal separation
This is possible only if you do not have property, children, and debts, making it hard for your divorce to take effect. In case there are issues surrounding the divorce, however, then there will be the need to move to the next step of the divorce to protect both party interests.
2. Petition filing
You might require the services of a Newport beach divorce attorney to help with the filing of the original petition in case you are not in a position to do it yourself. It is done by the local court clerk and it identifies both parties as well the children and also states the reason for the divorce usually incompatibility or irreconcilable differences. You will be the petitioner if you are the party filing for the petition and your spouse is the respondent or defendant. The petition will then be served to the respondent and he or she will have the right to hire an attorney too.
3. Temporary divorce order issuance
The court at this point can issue the orders for temporary divorce with clear actions to be taken, including spousal support, child support and also child custody.
4. Divorce discovery
This mechanism takes place after the temporary orders and it is all about gathering information on the parties in the divorce. The steps include disclosures, interrogatories, fact, admission, production request and depositions during which mediation is made to reach an agreement between you and your spouse.
5. Court trial
In case the mediation fails, then dates are set for court trials where you both get the chance to argue your cases before the judge. Your Newport beach lawyer for divorce will help you with the court rules so that you attain proper behavior throughout to make an impression which can determine the outcome of the settlement. He or she will also use their skills to persuade the court to get most of your interests met or get you a fair deal with your former spouse.
6. Court decision
After the trial in divorce court, the judge will then make a ruling and sign final divorce decree. In the decree, property division and orders regarding child support and custody as well as spousal maintenance are clearly stated.
7. Divorce appeal
In case you are not happy and content with the court orders, then your divorce attorney can file an appeal motion or request for a new hearing on the divorce. The court can allow or deny the appeal.
Next Step: Contact A Family & Contested/Uncontested Newport Beach Divorce Lawyer Newport Beach For Your Child Support, Child Custody, Fathers Rights, Child Visitation Rights, Spousal Support/Alimony, Property Division During Marriage Dissolution Matters etc
Having the right Newport beach divorce attorney and family law firm on your side is very important in getting what you want and need. So call now to be connected with a legal team who can help you navigate the OC family law court.
Helpful External Resources That Can Help With A Newport Beach Family Law Case