Divorce Lawyers Helping Clients Navigate The California Divorce Process
Orange County Divorce Lawyers
Navigating a divorce is one of the most challenging experiences a family can face. Whether your situation involves complex assets, children, or a high-conflict spouse, having knowledgeable legal guidance makes a real difference in how your case resolves. At Sarieh Family Law, our Orange County divorce attorneys bring more than 20 years of family law experience to each client we serve. We are certified specialists in family law through the State Bar of California, and we understand the legal system in Orange County from the inside out.
Our team, led by attorney Wail Sarieh, is committed to treating every client with dignity and genuine care. We handle each case with the kind of personal attention that larger firms rarely offer. Whether you are facing a contested divorce with significant financial complexity or seeking an uncontested dissolution, we will guide you through every stage of the process with clarity and compassion.
If you are considering divorce or have recently been served with divorce papers, contact our office today to schedule a free, confidential case evaluation. We serve clients throughout Orange County, including Costa Mesa.
What Clients are saying
Understanding Divorce in California
California is a no-fault divorce state, which means you do not need to prove that your spouse did something wrong to file for divorce. Under California Family Code Section 2310, the only grounds required are irreconcilable differences. This no-fault approach simplifies the process for many couples and removes the need to assign blame in court.
No-fault divorce also means that even if your spouse refuses to participate in the proceedings, you can still obtain a divorce. California law does not require both spouses to agree to end the marriage.
For Orange County residents, divorce cases are filed in the Orange County Superior Court’s Family Law Division. Our team is familiar with local court procedures, judicial expectations, and Orange County-specific processes that can affect how your case proceeds.
Types of Divorce Available to California Couples
Not all divorces look alike. The approach that works best depends on your circumstances, your relationship with your spouse, and the complexity of the issues involved.
Contested Divorce
A contested divorce occurs when spouses cannot reach an agreement on one or more key issues, such as property division, child custody, or spousal support. These cases typically require more time and legal involvement, and may proceed to a trial where a judge makes the final decisions.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all issues before finalizing the case. This is often faster, less expensive, and less emotionally taxing. Our team can help you draft a comprehensive marital settlement agreement that protects your interests.
Summary Dissolution
California offers a simplified process called summary dissolution for couples who meet specific criteria under Family Code Section 2400. To qualify, the marriage must have lasted fewer than five years, neither spouse can have children from the relationship, and the couple must have limited assets and debts. This process avoids many of the formal court procedures required in a standard divorce.
Default Divorce
If one spouse files for divorce and the other fails to respond within the required time period, the filing spouse can request a default judgment. The court will then grant the divorce based on the petitioning spouse’s requests.
The table below compares the main types of divorce in California:
| Type | Agreement Required | Typical Timeline |
|---|---|---|
| Contested | Partial or none |
1 to 3+ years Relative Cost: Higher |
| Uncontested | Full |
6 to 12 months Relative Cost: Lower |
| Summary Dissolution | Full |
6 months minimum Relative Cost: Lowest |
| Default | None from the respondent |
6+ months Relative Cost: Moderate |
California Residency Requirements for Divorce
Before you can file for divorce in California, you or your spouse must meet specific residency requirements. Under Family Code Section 2320:
- At least one spouse must have lived in California for at least six months before filing.
- At least one spouse must have lived in the county where you plan to file for at least three months.
If you recently moved to Orange County and do not yet meet the county residency requirement, you may be able to file in another California county where you previously lived. You could also file for legal separation as a temporary step until you satisfy the residency requirement.
The California Divorce Process: Step by Step
If your relationship involves abuse, intimidation, or instability, consult an attorney first and consider a personal safety plan before you file.
Understanding the sequence of events in a California divorce can help reduce uncertainty and allow you to plan accordingly. Here is a general overview of how the process works:
The divorce process begins when one spouse (the petitioner) files a Petition for Dissolution of Marriage (Form FL-100) with the Orange County Superior Court, along with a Summons (Form FL-110).
After filing, you must formally serve the other spouse (the respondent) with copies of the divorce papers. Service must be completed by a person who is not a party to the case, such as a professional process server.
The respondent has 30 days to file a Response (Form FL-120). If they do not respond, the petitioner may request a default divorce.
Both spouses are required to complete and exchange Preliminary Declarations of Disclosure. These documents detail each spouse’s income, expenses, assets, and debts.
Many couples resolve their differences through negotiation between attorneys or with the help of a mediator. If you can reach a full agreement, you will submit a Marital Settlement Agreement to the court.
If unresolved issues remain, the judge will schedule a trial. Both parties present evidence, and the judge makes the final decisions.
After all issues are resolved, the court issues a Judgment of Dissolution. Your divorce is legally complete once the judgment is entered, provided the six-month waiting period has passed.
How Long Does Divorce Take in California?
California has a mandatory six-month waiting period before a divorce can be finalized. This period begins when the respondent is served with the divorce papers, not when you file. Even if you and your spouse agree on everything right away, your divorce cannot be finalized in less than six months.
Most uncontested divorces take between six months and one year to finalize. Contested divorces involving complex issues can take significantly longer, sometimes two years or more.
Factors that may extend the timeline include:
- Disputes over child custody or parenting arrangements
- Complex property division issues, such as business ownership or retirement accounts
- Disagreements over spousal support
- One spouse’s failure to cooperate with financial disclosures
- Court scheduling delays
Our attorneys work efficiently to keep your case moving forward while protecting your rights at every step.
Dividing Assets and Debts in an Orange County Divorce
California is a community property state, which means that most assets and debts acquired during the marriage belong equally to both spouses. Under Family Code Section 760, property acquired from the date of marriage until the date of separation is generally considered community property and is divided equally.
Separate property, which includes assets owned before the marriage or received as a gift or inheritance, typically remains with the spouse who owns it.
The table below illustrates common examples of each category:
| Community Property (Divided Equally) | Separate Property (Stays with Owner) |
|---|---|
| Income earned during marriage | Assets owned before marriage |
| Home purchased during marriage | Inheritance received by one spouse |
| Retirement funds accumulated during marriage | Gifts given to one spouse only |
| Debts incurred during marriage | Property covered by a prenuptial agreement |
| Business built during marriage with marital funds | Property purchased with separate funds |
High-asset divorces involving investment portfolios, real estate, professional practices, or closely held businesses require careful valuation and strategic negotiation. Our team has experience guiding clients through complex property division matters in Orange County.
We also help clients understand how debt is divided. Just because a debt is in one spouse’s name does not automatically mean the other spouse bears no responsibility for it.
Child Custody in Your Orange County Divorce
When children are involved in a divorce, their well-being is the top priority. California courts make custody decisions based on the best interests of the child, as outlined in Family Code Section 3011. Factors the court considers include the health, safety, and welfare of the child, the nature of each parent’s relationship with the child, and any history of domestic violence or substance use.
There are two types of custody in California:
Legal custody refers to the right to make important decisions about a child’s life, including education, healthcare, and religious upbringing. Courts typically favor joint legal custody so that both parents remain involved in major decisions.
Physical custody refers to where the child lives. Arrangements can range from joint physical custody, where the child splits time between both homes, to primary physical custody with one parent and scheduled visitation for the other.
Developing a detailed parenting plan is one of the most important steps in a divorce involving children. Our attorneys help you create a plan that reflects your children’s needs while protecting your parental rights. For more information, visit our child custody practice area page.
Child Support in a California Divorce
California uses a mathematical formula to calculate child support obligations. The calculation is based on each parent’s income, the amount of time the child spends with each parent, and other factors such as childcare costs and health insurance premiums.
The goal of California’s child support guidelines is to ensure that children receive financial support from both parents in proportion to each parent’s ability to contribute. Child support orders can be modified if there is a significant change in either parent’s income or in the custody arrangement.
If you have questions about how child support will be calculated in your situation, our child support attorneys can provide a detailed explanation based on your specific circumstances.
Spousal Support in a California Divorce
Spousal support, also called alimony, may be awarded in a California divorce to help a lower-earning spouse maintain a reasonable standard of living during the transition to financial independence. California law recognizes two types:
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Temporary spousal support
Temporary spousal support is paid during the divorce process itself to help both parties maintain financial stability until the case is resolved.
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Long-term spousal support
Long-term spousal support is established in the final divorce judgment. Under Family Code Section 4320, the court considers many factors, including the length of the marriage, each spouse’s earning capacity and needs, the age and health of both spouses, and the standard of living established during the marriage.
For marriages lasting fewer than 10 years, support is often awarded for approximately half the length of the marriage. For longer marriages, support may continue for an extended period. Our spousal support attorneys can help you understand your rights and obligations.
Legal Separation vs. Divorce in California
Some couples choose legal separation instead of, or as a step before, divorce. With legal separation, the court divides property and establishes custody and support arrangements, but the couple remains legally married. This can be an option for couples who have religious objections to divorce, wish to remain on a spouse’s health insurance plan, or are not yet certain that divorce is the right choice.
| Factor | Legal Separation | Divorce |
|---|---|---|
| Marital status after | Remains legally married | Marriage legally ended |
| Property division | Yes | Yes |
| Custody and support orders | Yes | Yes |
| Ability to remarry | No | Yes |
| Health insurance eligibility | May continue | Often ends |
| CA residency requirement | None | 6 months state, 3 months county |
One important distinction: legal separation does not require the six-month California residency requirement, making it an option for couples who have recently moved to the state.
Divorce Mediation and Alternative Resolution Options
Mediation is a form of alternative dispute resolution that allows divorcing couples to work through their differences with the help of a neutral third-party mediator. It can be especially valuable for parents who want to preserve a cooperative co-parenting relationship after the divorce.
Benefits of divorce mediation include:
- Reduced cost compared to a contested trial
- Faster resolution of disputed issues
- Greater privacy (mediation is not part of the public court record)
- More control over the final outcome
- A less adversarial atmosphere for both parties
At Sarieh Family Law, we have experience with both mediated and litigated divorces. Our mediation services can help couples find workable solutions to complex issues, including property division, child custody, and support arrangements.
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Working With Sarieh Family Law on Your Divorce
At Sarieh Family Law, we believe that every person going through a divorce deserves thoughtful, experienced legal representation. Attorney Wail Sarieh is a certified specialist in family law recognized by the State Bar of California, with more than 20 years of experience helping Orange County families navigate the legal process. Attorney Jennifer Axelrod brings additional depth to our team, ensuring that clients receive thorough attention at every stage of their case.
We are also deeply committed to our Orange County community. We believe that strong families are the foundation of strong communities, and we approach our work with that value in mind. Our firm actively supports local schools and youth programs because we understand that the work we do in our offices affects families well beyond the courthouse.
From our office in Costa Mesa, we serve clients across Orange County with the individualized attention and strategic focus their cases deserve. If you are ready to take the next step, contact Sarieh Family Law today to arrange a free, confidential case evaluation.
Recent Case Results
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Our client in this case was the mother of the only child of marriage. Our child custody law firm took the case that started in 2009 with the mother filing a Petition for custody and support of a child against the father where the parties reached a stipulation and order awarding the mother sole legal and sole physical custody. Later on the mother filed a divorce case and since the father failed to respond, the mother entered his default in 2010. The divorce case was consolidated with the paternity case.
In early 2012, the mother and without notifying the father moved to another State. The father filed a police report and hired a very aggressive Orange County Family Law attorney who filed an emergency motion with the court (ex parte application) and obtained custody for the father and appointed a child custody investigator.
The mother was arrested on a DUI despite the fact that her car was parked and she was not driving; the police justified the DUI charge as they found an open container in the car.
The child custody investigation report, based on the mother’s DUI conviction and the fact that she moved away without notifying the father, came to the conclusion that the mother should only have supervised visitation with the child and that father should have sole legal and sole physical custody of the minor child.
The matter was further complicated by the mother agreeing to “bifurcate” the trial on the custody and visitation issues and the trial was set for the second half of 2013.
The mother decided to retain Sarieh Family Law to help her litigate the child custody during the bifurcated trial.
Mr. Sarieh, an Orange County Certified Family Law Specialist challenged the entire proceedings from 2010 to 2013. Mr. Sarieh argued that every document filed including but not limited to the child investigation report and every court order rendered after the entry of default in 2010 is null and void.
Our firm was very proud of the results and very proud of our judicial officers. The judge agreed with Mr. Sarieh that the court has no jurisdiction since the default was entered in 2010. The trial by default was set in month and our client obtained a dissolution judgment awarding her sole legal and sole physical custody of the minor child.
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Our client in this case was the father of two children; the parties were not married but cohabited together for over a decade. Throughout their cohabitation both parties worked hard to support their children; the parties lived in an upper-middle class life style during their cohabitation. Shortly after their separation, the mother claimed disability due to Reactive Airway Disease (RAD) she quit her job as mortgage broker, collected State Disability checks and filed Worker’s Compensation claim alleging her disability resulted from the poor air quality at her office.
Mr. Sarieh, an Orange County Certified Family Law Attorney, filed with the court a request to vocationally evaluate the mother. Unfortunately the vocational evaluation report concluded that the mother is employable but her employability depended on her health condition, which was beyond the vocational evaluator expertise.
In a trial that spanned over the period of months, Mr. Sarieh was able to successfully cross-examine Petitioner’s primary care physician who came to testify on her behalf. The physician admitted that his patient; the mother is able to work under certain conditions.
Mr. Sarieh subpoenaed all medical reports from the Worker’s Compensation case and was able to establish the mother’s ability to work. The Court agreed with Mr. Sarieh and stated that the mother has the obligation to support the children; the court imputed income to the mother and the child support was calculated according to the mother’s imputed income even though she was still not working at the time of trial.
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Our client in this case was the husband, who with the wife’s agreement entered into a stipulated judgment awarding the family residence to the wife; neither party was represented and they entered the judgment with the assistance of a paralegal in Orange County. The parties were married for long time and have adult children from their marriage.
The untold story was despite the written judgment; the parties had verbally agreed that once the house is sold the wife will give the husband his fair share of the proceeds.
Of course, wife sold the house and refused to pay husband any monies. The husband sought the assistance of Sarieh Family Law; Orange County Divorce attorneys.
We began our investigation by examining the judgment, which stated unequivocally that wife gets the house. We were also faced with the legal hurdle that it is almost impossible to set aside a judgment in California if the judgment only dealt with property division and without fraud, duress or undue influence.
We noticed on the Resister of Action on the Court’s website that the initial submission of judgment was rejected by the court and that the judgment was returned. The judgment was re-submitted again and the court accepted it. We asked our client whether he knew anything about the rejection of the judgment and he indicated that he knew nothing about this rejection.
We asked for a copy of the entire file from the court itself and we did not rely only on what our client gave us. We set the wife’s deposition at our office.
We received the ordered copy of the court’s file on the morning of the wife’s scheduled deposition at our office. After a careful examination of the court’s file with our client, we found out the signature on our client’s Declaration re: Service of Declaration of Disclosure was not his.
We confronted the wife during her deposition about the falsified document but she denied any involvement and blamed the paralegal. She acknowledged that the document was not signed by our client.
We subpoenaed the paralegal to the court’s hearing to prove the wife’s fraud and we retained a handwriting expert to prove that our client’s signature was falsified by the wife herself and no one else.
Right before we entered the court room to try our case, the wife’s attorney approached us with a settlement offer giving our client what he was promised. Our client accepted the offer for the sake of the parties’ adult children.