Serving Newport Beach, Laguna Beach, and Anaheim: Divorce and Annulment Lawyers

Divorce, annulment, and legal separation are about more than just the end of a relationship.  When a marriage ends, concerns about child custody and visitation, alimony, and the division of property, assets, debts, and taxes are often highly volatile points of contention.  The parties involved can benefit from the guidance of experienced professionals who can help them with these and other complex issues that arise.  Serving Southern California communities, including Newport Beach, Laguna Beach, and Anaheim, the divorce and annulment lawyers at Violet P. Woodhouse, APC provide thorough representation to help protect individuals' legal and financial interests.

Our Newport Beach firm near Anaheim combines the experience of our divorce and annulment trial attorneys with expert financial planning services from one of the nation's preeminent financial planners.  This pairing allows us to offer the comprehensive representation you deserve, and it has earned us a reputation as one of the premier specialty family law practices in Orange County. Contact our firm today to schedule a consultation.

About California Divorce Law

The dissolution of marriage is the legal designation for divorce in California.  In a divorce, the court ends the marriage contract.  California is a “no-fault divorce” state, meaning that the granting of the dissolution does not require either spouse to be at fault. Furthermore, either spouse can begin divorce proceedings without the consent or agreement of the other.

Grounds for Divorce

In California, a divorce is granted in one of only two situations:

  • Irreconcilable differences – Dissolution of the marriage or legal separation is granted after the court determines that there is substantial reason to believe that the marriage cannot be saved.
  • Incurable insanity – One spouse proves by testimony of credible medical and psychiatric experts that his or her spouse was clinically insane at the time of the marriage and that this condition was and is incurable.

The grounds for divorce are the same as those for legal separation.

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Residency

The residency requirements for a dissolution of marriage in California are generally only a concern for a spouse who has recently moved or is intending to move in the near future.  According to California law, one of the parties entering into the divorce proceedings must have resided in the state for at least six months and within the county in which the divorce petition is to be filed for at least three months. Couples that do not meet these requirements can pursue a legal separation, which does not have any residency requirements.  Once residency is established, parties may file an amended petition and ask the court to grant a divorce.

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Summary Dissolution

A summary dissolution is a type of divorce for spouses or domestic partners who:

  • Have no children together
  • Have been married or been registered domestic partners for less than 5 years
  • Do not own real estate
  • Owe less than $4,000 in debts
  • Have reached a mutual agreement regarding the division of property

At our Newport Beach office, serving Laguna Beach, Anaheim, and all of Southern California, our divorce and annulment lawyers can help you determine whether you meet all of the requirements for this type of divorce.

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Community Property

California is a community property state.  In simplest terms, community property is all of the assets and debts spouses accumulate from the date of marriage.  In the event that the spouses are unable to reach a marital settlement agreement during divorce proceedings, generally the court will divide the community assets and liabilities equally between them. Learn more about the division of property, assets, and debt.

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Child Custody and Visitation

California courts make the final ruling on issues of child custody and parental visitation rights.  The health, safety, and welfare of children are the primary concerns in custody disputes.  Though the initial presumption is that the best interests of children are served by regular contact with both parents after a divorce, the courts will base their final custody decisions on several factors, which may include any history of child or spousal abuse or habitual use of illegal drugs and alcohol.  While many parents enter into these proceedings attempting to convince the courts that they deserve the children, courts ultimately award primary custody to the parent or parents they determine are fit to provide the children with the safest and healthiest environment, and who will foster and nurture frequent and continuing contact with the other parent. 

Courts prefer to allow parents to decide who should have custody of the children, but when the parents cannot reach an agreement, it is the courts' responsibility to determine what is best for the children.  If you cannot reach a custody agreement with your spouse, our Newport Beach divorce lawyers can help you present yourself to the court as the best custodial parent. Learn more about child custody issues.  

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Domestic Partnerships

Domestic partners are two adults who have formally committed to joining into a relationship of mutual intimacy and caring.  To become registered domestic partners in California, individuals must:

  • File a notarized Declaration of Domestic Partnership with the Secretary of State
  • Dwell in a common residence
  • Not be married or related by blood in such a way that would preclude them from marrying
  • Be at least 18 years of age
  • Be members of the same sex, or one or both partners must be over 62 years of age and eligible for Social Security benefits

Partners must file a special form to begin dissolution, legal separation, or annulment proceedings to terminate their domestic partnership. Federal law does not presently recognize domestic partners, and there are numerous federal laws which factor in marital status (including rights under Social Security, Medicare, immigration law, veteran’s benefits, and federal tax laws). Domestic partners may not have the same rights as a married couple outside of California. Parents should take this into consideration for their custody agreement. Also, federal and state tax laws have not changed to recognize domestic partnerships; therefore it is crucial to consult with a lawyer about taxes, property, income, and other details of this nature. 

Consult our Newport Beach divorce and annulment lawyers, serving Anaheim and Riverside, to learn more about terminating your domestic partnership.

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Annulment

Also called a “nullity of marriage” or “nullity of domestic partnership,” an annulment is granted by a judge and legally terminates a marriage or union.  In essence, an annulment restores the parties' single status as if the marriage ceremony never happened.  Because not every marriage can be annulled, individuals from Newport Beach, Laguna Beach, Anaheim, and other Southern California communities should consult the annulment attorneys at Violet P. Woodhouse, APC to determine their best course of action.

Grounds for Annulment

Unlike in a divorce or legal separation, where individuals may cite irreconcilable differences or incurable insanity as grounds for the termination of the relationship, a spouse must prove one of the following to have applied at the time of the marriage or registration of domestic partnership to be granted an annulment:

  • Underage – One or both parties was under 18 years of age at the time of the marriage or registration of domestic partnership and failed to obtain parental consent or a court order allowing the marriage to take place.
  • Bigamy or Prior Existing Marriage – One or both parties was married or registered to another person, knowingly or unknowingly, at the time of the marriage or registration of domestic partnership.
  • Incest – The spouses or partners are immediate blood relatives
  • Incapacity – The spouse or partner is physically unable to consummate the marriage or partnership.
  • Force – One partner or spouse was coerced into the marriage or partnership by threats of harm made by the other.
  • Fraud – One partner or spouse was induced by fraudulent claims or promises made by the other to marry or form the partnership.
  • Unsound Mind – One partner or spouse lacks the mental capacity to form an intent to marry or enter into a partnership. 

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Types of Annulment

In California, there are two types of annulment actions:

  • Void Marriage – A marriage is void if it was established in violation of California law, such as in a bigamous or incestuous marriage.  This is an illegal marriage. 
  • Voidable Marriage – Voidable marriages are legal but can be annulled by a decree from the court.  Prior existing marriage, underage participants, physical or mental incapacity, the use of force, and fraud are all grounds for this type of annulment. To get an annulment you will have to go to a hearing before a judge.

At Violet P. Woodhouse, APC in Newport Beach, serving Laguna Beach and Anaheim, our annulment attorneys fight tirelessly on behalf of their clients.  We will help you obtain the favorable settlement you need to begin to rebuild your life.

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Contact the Newport Beach and Anaheim-area Divorce and Annulment Attorneys at Violet P. Woodhouse, APC

Building a relationship with another person is as much an economic investment as it is one of time and emotion.  When the relationship ends, many practical issues need to be sorted through and agreed upon by both parties.  This process can be challenging and often requires legal intervention.  At Violet P. Woodhouse, APC in Newport Beach, serving Laguna Beach and Anaheim, our divorce and annulment attorneys can help.  If you are considering filing for divorce, contact our office to schedule a consultation with one of our lawyers for assistance with your case.

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Serving Newport Beach, Laguna Beach, and Anaheim, the divorce and annulment lawyers at our firm can protect your rights.  Contact our attorneys to learn more about the premier divorce representation provided by Violet P. Woodhouse, APC.

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Violet P. Woodhouse, APC
Newport Beach, CA
2 Corporate Plaza
Suite 250
Newport Beach, CA 92660
Phone (949) 640-8861
Fax (949) 640-8862

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