At Burch Shepard Family Law Group, we have devoted ourselves exclusively to the practice of family law. This allows our Orange County divorce attorneys to maintain a steady focus on the intricacies and evolution of California divorce law. All told, our certified family law specialists in Orange County bring more than 100 years of experience to the table.
An OC divorce attorney from our firm can help resolve disputes related to:
Ready to file for divorce in Orange County? Contact us online or call us at (949) 565-4158 today to speak with an experienced Orange County divorce attorney today.
What Are the Grounds for Divorce in California?
In the state of California, the spouse who initiates the divorce does not need to accuse the other spouse of wrongdoing. This is known as a "no fault" divorce. "Irreconcilable differences" are sufficient legal grounds for the dissolution of a marriage. Neither does the state of California require both spouses to agree to the divorce. So long as one spouse wants the divorce, the other spouse does not have the legal power to stop the process.
Understanding the Differences Between Litigation & Divorce Mediation
Divorce mediation is a process that takes place outside the courtroom between divorcing spouses and a third-party mediator. Working together, a settlement is mutually agreed upon and then implemented as a court order.
The advantages of divorce mediation can include:
A more cost-effective alternative to litigation compared to extended court battles.
The opportunity to dictate the terms of settlement, allowing both parties to have input.
The fostering of a more amicable relationship moving forward helps reduce conflict.
Greater privacy and flexibility, such as scheduling meetings around your availability rather than the court's calendar.
Because not all divorcing couples are capable of engaging in this sort of back-and-forth, divorce mediation is not for everyone. The Orange County divorce lawyers at Burch Shepard Family Law Group work with each client to determine whether litigation or divorce mediation is in their best interests. Some of our lawyers have extensive experience as divorce mediators. Our experienced California divorce lawyers can help you file for divorce, negotiate favorable settlement terms, and if necessary, fight for you in family court.
How Divorce Affects Your Everyday Life and Future in Newport Beach
Going through a divorce is a major life change that can have both immediate and long-term effects on your daily life. Whether you are navigating new financial arrangements or adjusting to co-parenting schedules, it is normal to feel overwhelmed by the changes happening around you. A Newport Beach Divorce Attorney can help guide you through legal decisions that influence everything from your living situation to your future planning, providing steady support and knowledge of local court procedures.
In Newport Beach and the rest of Orange County, divorce may impact aspects such as housing stability, educational plans for your children, and your relationship with extended family. When cases are handled in the Orange County Superior Court, your attorney can help clarify each stage, ensuring you understand your rights and obligations. Making informed choices early on allows you to build a positive foundation for your new chapter.
Divorce often impacts your daily routine and priorities in several important ways:
Your parenting time may be determined by a new court-approved schedule.
Living arrangements can change as you move forward from your marriage and establish a new home in the Newport Beach area.
Our goal is to help you understand and adapt to these changes, making sure you have the tools and information you need to make the best decisions for yourself and your family. Our Newport Beach team can provide guidance on what to expect from the Superior Court’s process and how to position yourself for a smoother transition after your divorce.
When Should a Divorce Be Litigated?
Litigation is the term used to refer to legal proceedings initiated by two opposing parties to defend or enforce a right. Many believe this method requires the two parties to go to court, when in reality, about 95% of divorce litigation cases settle outside of court.
Litigation is a more extensive process that can cost you both time and money. If you’re looking for a fast way to end a marriage, this is not it. So, when is it a good idea to have a divorce litigated?
Some reasons to litigate a divorce include:
When both parties are not in agreement to obtain a divorce, and mediation has not resolved major issues.
When couples can’t decide on custody, property, or support and the court’s involvement becomes necessary.
When domestic violence is involved in the case and a protective legal approach is required.
When arbitration and mediation do not work, and both sides require formal court processes for resolution.
Divorce often brings forth strong emotions in both parties, making it difficult to reach agreements. If you and your ex constantly fight and are unable to look at each other, let alone see things from the other’s perspective, litigation might be necessary for the divorce. Our Orange County divorce lawyers are here to help.
How Does Bankruptcy Affect Divorce?
Given the state of the economy, many families face financial hardships as the result of a loss of a job, medical bills or overwhelming credit card payments. At our firm, we frequently work with clients who are simultaneously going through the divorce process and considering personal bankruptcy. Given the level of experience that our lawyers have handling complex divorce, high net worth divorce and divorce involving businesses, we know when to identify if bankruptcy is the right solution for our clients and can explain the benefits of filing either Chapter 7 or Chapter 13 bankruptcy.
If bankruptcy is the right solution for your situation, our lawyers will provide advice on whether to file before or after your divorce, and inform you of the steps of each process. We will apply our knowledge of the law to your situation and tailor our legal services to directly meet your unique needs.
Should You File For Divorce on Your Own?
Do you believe you and your spouse are in agreement on all critical issues, making it unnecessary to hire a lawyer? Are you thinking about handling your own divorce in the effort to avoid attorney fees? Although do-it-yourself divorce is legal and possible in theory, there are many dangers and potentially serious complications.
People who are extremely intelligent and accomplished in their own fields often find the legal processes associated with California divorce overwhelming. You do not have to hire a Board Certified Family Law Specialist at our firm — but we recommend that you talk to our experienced Orange County divorce attorneys before you take chances you may later regret.
The dangers of do-it-yourself divorce include:
Mistakes in filing required court forms and missing deadlines, which can cause long delays and keep your matter open for months or years.
Consenting to court orders on key issues like child support, spousal support, and property division without full understanding of the consequences.
Failure to account for tax consequences on important financial decisions, which might lead to unexpected costs and setbacks.
Running into special court requirements such as evidence presentation rules for which you may not be prepared.
Our Orange County Divorce Attorneys Can Help
With over 100 years of experience, you can be assured that with our Orange County divorce attorneys, you are in the right hands. Our compassionate family lawyers understand that every case is unique and how difficult going through divorce can be. Our Orange County divorce law firm is led by two partner attorneys who are all Certified Family Law Specialists as recognized by the State Bar of California Board of Legal Specialization.
Our Newport Beach divorce attorneys are proud to serve the families of Orange County, California, and will be happy to hear your case and fight for your best interest. Our team can guide you through each step of the process, sharing our experience as divorce lawyers Newport Beach residents have turned to for informed legal support.
Give us a call or contact us online to speak with an experienced Orange County divorce attorney today. We will be happy to help.
Social Media And Divorce in Newport Beach
Social media can appear harmless, but during Newport Beach divorce proceedings even one photo, comment, or message posted by you or anyone connected to your case could seriously affect the outcome. If you do not have the right privacy settings (ideally, you should deactivate your accounts), everything becomes accessible—not just to friends and family, but also to the opposing side in a legal dispute.
Photos, posts, tweets, and digital communication often become evidence in child custody hearings or in the division of property and debts. It is safest to act cautiously; if you pause to wonder whether something is appropriate, assume it is better left unpublished while your case is pending in the Orange County Superior Court.
Before, during, and after divorce, keep these key social media tips in mind:
Adjust your privacy settings promptly and consider pausing your social media entirely while your case is active.
Avoid posting about new relationships or lifestyle changes that could be misconstrued by a judge or by the other party in Newport Beach.
Educate friends and family about avoiding tagging you in posts or sharing information about your case.
Think before you post: What might seem like a harmless update can become harmful evidence.
If you are working with a Newport Beach Divorce Attorney, it is wise to discuss how your social media presence may affect issues relevant to your case, including child custody and spousal support. Family law judges in Orange County Superior Court can and do consider the impact of digital communications, so it is crucial to remain vigilant about your online footprint throughout the entire divorce process. Together, we can develop a strategy that protects your best interests as you navigate family law matters in Newport Beach and surrounding communities.
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I just wanted to send you a HUGE thank you for all of your support through this process. I am thrilled with the outcome today and so relieved that this is coming to a close. Thank you for all of your guidance and support through this journey.
Former Client
“I would not hesitate to recommend Courtney Shepard and her team to anyone in need of quality representation in their divorce.”
“They made the divorce process so much less stressful than it could have been. I would not hesitate to recommend Courtney Shepard and her team to anyone in need of quality representation in their divorce.”
Former Client
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“True brilliance in action is a site to behold. At this point I am comfortable with everything she was able to help me with, and I know that she will be the first call I make, if I have any other future issues that require the courts intervention.”
Former Client
“THANK YOU ALL FOR EVERYTHING.”
I am thankful for a attorney Robert, for his wonderful representation. His professionalism, and the way he carries himself with so much authority and knowledge is making this process run Smoothly. The delay in the process has given my children and I time, space, peace of mind and the healing we needed so much, thank you. God knows the right timing and the right results and He sends us the right persons to work things out. You are all a team of wonderful people. Thank you.
Frequently Asked Questions About California Divorce
California has specific laws governing who can divorce here and how the process is carried out in the courts. People need dependable guidance as they make one of the biggest decisions of their lives — whether to file for divorce or how to respond if filed upon.
The California Family Code is vast and complex. There is no substitute for professional legal counsel if you are considering or facing divorce. However, it helps to have a grasp of some basics upfront. Below are a few common questions and brief responses:
Do I Have to be a California Resident to Divorce Here?
To file for divorce, you must be able to prove California residency for six months and residency in the county where you file for at least three months. The respondent or "defendant" spouse in a divorce case does not have to be a California resident, however.
What are Some of the Key Early Steps in the Divorce Process, and How Long Does it Take?
Divorce proceedings begin when either spouse files a petition that is served on the other. The person served then has 30 days to file a response, or the case proceeds without that response toward a likely final judgment about six months later.
If there is a response, the parties begin the process of exchanging information and, typically, attempting to negotiate a marital settlement agreement either on their own or in a mandatory conference in court. Every case is different, and the entire process can take anywhere from months to several years.
Do I Need to Prove My Spouse Is at Fault for Causing the Divorce?
No. California is a "no fault" divorce state. Grounds for divorce are not considered, although the court may consider many factors when issuing orders on child custody and other issues.
How Do I Get Started if I Have Decided I Want a Divorce — or a Legal Separation?
Our divorce attorneys strongly encourage you to contact an experienced, qualified lawyer — ideally, one who focuses exclusively on family law. Pursuing a do-it-yourself divorce is legal but filled with traps and potential complications.
At the Burch Shepard Family Law Group, our Orange County divorce lawyers have guided many hundreds of men and women through divorces of all levels of complexity. We emphasize preparation and results, always putting our clients' needs and best interests first.
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