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Protecting What Matters Most

​Orange County Divorce Lawyer

Award-Winning Divorce Representation in the Orange County Area

Did your spouse hand you divorce papers when you least expected it? Have you been planning on divorcing your spouse for a while now and are at last prepared to take the first step? Was the decision to dissolve your marriage mutual but you do not know where to turn for support?

If you are considering filing for divorce in Orange County, please click below for more information on how our firm can assist you with the many potential facets of your case:

We can also assist you with the following divorce alternatives:

No matter the unique circumstances surrounding your divorce, our Orange County divorce lawyers at Gill Law Group, PC will stand by you and protect your interests every step of the way. Call now to see how we can help you!

Discuss the details of your divorce with one of our Orange County divorce attorneys. Contact the firm at (888) 392-1941 today.

Contested Divorce

What Is a Contested Divorce?

A contested divorce is when couples aren’t in agreement on one or more issues surrounding the end of their marriage. This form of divorce can last for a prolonged period depending on the nature of each dispute and the agreeableness of each spouse.

Examples of common issues include:

In many cases, there will not be a disagreement on every marital issue and couples can elect to bring only certain disputes in front of a judge. In all cases of divorce, couples can still seek to resolve issues outside of the courtroom. Agreeing on even a few subjects can save both parties the time, money, and stress associated with battling in court.

Trials for Individual Issues

In some cases, spouses can request a separate trial for an individual dispute. This process is also known as “bifurcation” and can be a helpful tool when there are only one or two points of contention keeping a divorce from finalization. Requests for a separate trial are not granted automatically and you must convince a judge that doing so is justifiable. Our firm can review these requests with you to maximize the likelihood of their approval.

What Is the Contested Divorce Process?

In a contested divorce, you must go through the following steps:

  • Preparing, filing and serving the divorce petition to your spouse
  • Go through the divorce "discovery" process in which you and your attorney gather information for use in the divorce proceedings
  • Submit legal motions and take part in pre-trial hearings
  • Engage in settlement proposals and negotiations with the help of your attorney
  • Preparing for trial
  • Going to trial and receiving the judge's final decision
  • If you disagree with the judge's final ruling you may submit an appeal disputing the decision

How Long Do Contested Divorces Take?

The soonest a divorce can legally be finalized in California is six months, however, in cases of a contested divorce, proceedings typically last longer. At any point, if both parties can resolve all issues and reach a settlement, the agreement can be reviewed by a judge and the divorce can be finalized. While it is never easy to predict the time frame for marriage dissolution, an experienced attorney can help to ensure that proceedings go as smoothly as possible. Our team can help you to spot and prepare for possible complications as they arise.

Each person who goes through a divorce has a unique story and at the Gill Law Group, PC, we will take the time to listen to and understand yours. At our firm, we provide clear, straightforward legal advocacy to let our clients know where they stand during this confusing and frustrating time. No matter the complexity of your divorce, our contested divorce lawyers will work tirelessly to ensure that your interests are protected at the time when you need it most.

Schedule a complimentary case evaluation today and learn about how our firm can help you.

Uncontested Divorce

What is an Uncontested Divorce?

In California, an uncontested divorce, also known as a simplified dissolution or summary dissolution, is a type of divorce where both spouses agree on all major issues related to the dissolution of their marriage. These issues typically include division of assets and debts, child custody and visitation (if applicable), child support, and spousal support.

To qualify for an uncontested divorce in California, certain criteria must be met:

  • Agreement: Both spouses must agree on all terms of the divorce, including property division, child custody, and support.
  • No Minor Children: If there are minor children involved, they must not have been born or adopted during the marriage, and the wife cannot be pregnant.
  • Short Marriage: The marriage duration must be relatively short, typically less than five years.
  • Limited Assets and Debts: The total value of community property assets must be less than $50,000, excluding cars.
  • No Real Estate: The couple cannot own any real estate.
  • Agree to Waive Spousal Support: Both parties must agree to waive their right to spousal support.

If these criteria are met, the process for an uncontested divorce in California is usually simpler and faster compared to a contested divorce. The couple can complete the necessary paperwork, file it with the court, and attend a final hearing where a judge will review the agreement and grant the divorce.

Benefits of Uncontested Divorce

The fewer arguments you have with your spouse as you end your marriage, the better things will be for everyone. You will hopefully go to bed each night as your divorce proceeds feeling that you are on the right track and doing the right thing for yourself.

On the other side of your divorce, the same sense of relief is likely influencing your soon-to-be ex-spouse as well, creating a positive atmosphere for everyone involved. Reduced stress for you is not the only benefit of an uncontested divorce, though.

Other benefits to an amicable and peaceful divorce include:

  • The expedited divorce process in most cases
  • Less expensive to complete (fewer fees paid to courts)
  • Children feel generally more content
  • Property division usually fairer

Potential Disadvantages of Uncontested Divorces

As strange as it might seem, no aspect of an uncontested divorce may be ideal for you. Agreements and handshakes are not always the right course of action. In particular, one problem that some divorcing couples will encounter while going through an uncontested divorce is misleading complacency.

Knowing that your spouse wants to keep things simple and agree on everything major may spur you on to simply signing the divorce paperwork without fully reviewing what it says. Oftentimes, even though it is unintentional, one party or another actually loses out on something important, such as child custody or alimony, due to the fear that questioning the agreements at all would cause undue trouble.

Uncontested Divorce FAQs:

Do uncontested divorces go to court?

In general, if a divorce is uncontested the participants may not be required to go to court. However, there may still be some circumstances in which a judge may request a formal or informal hearing in which you will need to appear in court and answer a series of questions to prove you are eligible for divorce. These hearings are often short.

Should I get a lawyer if my divorce is uncontested?

If you and your partner disagree about any aspect of the divorce, whether it be child support, visitation, or division of property, your divorce may not actually be uncontested, and you may want to hire a lawyer to help you navigate the process. If you and your partner agree on all terms of your divorce, you may not need an attorney to help mediate the divorce, but it can sometimes be helpful to have a lawyer help you file the proper paperwork with the court.

Standing Up for the Rights of Our Clients

Our Orange County uncontested divorce lawyers are highly experienced and offer compassionate counsel to all divorcing spouses who come to our law firm. We understand that an uncontested divorce may be beneficial in dozens of ways but stay aware of the potential downsides. By reviewing your claims, your shared estate, and the needs of your immediate family members, we hope to craft a solution that works for you and protects your best interests.

Divorce FAQ

Why do I need to file for divorce or legal separation?

In the State of California, marriage can be terminated only upon filing for divorce in order to dissolve the marriage. It is important that your interests are represented in a fair and reasonable manner by your attorney. Divorce can be a challenging process which make its important to have the best lawyers represent your complex legal issues which helps you manage the emotional aspects of things.

Can you still file for divorce even if yours spouse does not agree?

Yes. California is a “no fault” divorce state. This means that the party seeking divorce needs to only prove that there are “irreconcilable differences” which make it difficult for you to continue staying married.

How is legal separation different from divorce?

Your marital status is still considered married when you are legally separated. In the event you meet someone special and need to remarry, then you will need to file for divorce. There are numerous factors that need to be taken into account by your attorney who can advise you in helping you make the most effective decision that serves your best interests.

How will property be divided between spouses?

California is a community property State. In other words, the property division laws for a divorce are controlled by community property principals. Under the community property system, any income earned by either spouse through his or her labor is considered community property and it belongs to both spouses in equal shares. However, any property received before marriage or property received during marriage by means of gift, will or inheritance is not considered community property and it belongs to the spouse who received the gift or inherited the property.

What do you do in a case where child(ren) are involved?

Divorce is tough in and of itself. You need to ensure that the children do not suffer and their best interests should be your topmost priority. Parents might seek counsel to ensure they understand how to handle things in a sensitive manner with the kids. It is important that both parties show understanding and act in a reasonably acceptable manner as to the legal and physical custody of the kids.

Can you ask for child support?

It depends if you are the spouse who is doing well financially or if the other party is. The main goal is to ensure that enough money is set aside to ensure that the children are taken care of financially and all their basic needs are met. A judge must decide on how much child support is to be paid by one parent to the other. Parents cannot settle their child support disputes on their own, as any child custody or child support matters must be approved by court. Child support can be ordered by the court for one kid or multiple kids. These child support payments are made till the child reaches a certain age depending on certain conditions. These payments can be extended beyond such period based on the agreement between parents.

Can you modify child support payments?

Yes, depending on the circumstances. There might be times when modifications might need to be made to the existing child support agreement post-divorce based on change in circumstances. Also, in the event the existing child support amount does not meet the existing guidelines, the affected parent can request modification as well.

Should your spouse pay you alimony?

If your spouse earns a significant percentage of your household income, the divorce laws in California offer protection to the spouse who earns less money. Equally, the laws place limits on collection of spousal support by a spouse who does not meaningfully contribute to the marriage. Alimony or spousal support can be awarded by a judge to either wife or husband depending on the circumstances that exist.

Contact us today to learn more about this marriage dissolution option from a team of Orange County divorce attorneys who genuinely care about their clients’ futures.

Our Client Testimonials

See Why People Choose the Gill Law Group, PC
    “I would highly recommend this professional firm and his staff.”
    “I would highly recommend this professional firm and his staff.”
    - Kathleen H.
    “I could not have survived the divorce without this team.”
    “I could not have survived the divorce without this team.”
    - Jamie Lima
    “Raja and his fellow Associate Attorneys and Office Personnel have all been excellent.”
    “Raja and his fellow Associate Attorneys and Office Personnel have all been excellent.”
    - Tim A.
    “I have worked with other attorneys and they do not compare the The Gill Law Group.”
    “I have worked with other attorneys and they do not compare the The Gill Law Group.”
    - John B.
    “A calming voice of reason.”
    “They will simultaneously fight for you and be a calming voice of reason. All around awesome folks that know what they’re doing.”
    - Joe Remmers
    “He is knowledgeable and cares about his Clients.”
    I wholeheartedly endorse this lawyer. I have had the distinct pleasure of working with Mr. Gill for the last few years and am also proud to call him a friend. He is knowledgeable and cares about his clients.
    - David Milligan
    “Mr. Gill can handle the most complex matters; cases that will leave other attorneys in the dark.”
    Raja Gill is an exceptional lawyer with the requisite knowledge, experience, and compassion to deliver superior results for his client. Possessing an eye for detail, Mr. Gill can handle the most complex matters; cases that will leave other attorneys in the dark. If you are looking for an attorney who will far exceed your expectations, look no further than Mr. Gill.
    - Kapesh Patel
    “He contacted me frequently and got me what I wanted.”
    He is good and on top of everything. He contacted me frequently and got me what I wanted. I'll recommend him to anyone that needs professional help.
    - Former Client

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