Orange County Divorce Attorney FAQ


At R & S Law Group, our attorneys are compassionate and approachable. They understand that dissolution is an extrememly emotional experience and will make the legal process involved as simple for you as possible.

In California, there are 3 main ways to end a marriage or registered domestic partnership: divorce, legal separation, and nullity. It is not necessary for both spouses or domestic partners to agree to dissolve the relationship. If one party refuses to participate, the other party will still be able to obtain a divorce.

California is a “no fault” divorce state. In other words, the court does not care about adultery or any other action that would lay the blame for the end of the marriage or partnership on one party.

There is no “common law” marriage in California. It does not matter how long you cohabitate with your significant other — you will not become married simply by living together.

For detailed information on some issues that are often intertwined with divorce, see:

Spousal Support

Custody and Visitation

Child Support

Does It Matter Who Files First?

No, it makes no difference which party files for divorce or separation first.

How Much Does It Cost To File My Divorce Or Dissolution Of Domestic Partnership?

Filing fees vary by county and run approximately $400.00. Fee waivers are available for those who qualify. For information specific to your county, call us or check your county’s court website. (See Legal Resources for links to those websites).

What Is A Summary Dissolution?

A summary dissolution is a simplified divorce or dissolution of domestic partnership for qualified couples who have been married or registered less than five years. In order to qualify, you must have no children together, own no real property, have total community debt of less than $6,000.00 other than vehicle debt, have no more than $38,000.00 worth of assets, and agree that neither spouse will ever get spousal support.

Are There Any Residency Requirements For Filing To Dissolve Your Marriage Or Domestic Partnership?

Prior to filing a petition for a dissolution, one of the spouses has to have been a resident of the state of California for a continuous period of six months and of the county in which they file for a continuous period of three months.

Is There Anything Else I Need To Know If I Am Dissolving A Domestic Partnership Or Same-Sex Marriage?

Beginning on January 1, 2005, domestic partners must file for dissolution (divorce), legal separation, or annulment to end their relationship. The federal laws do not recognize California legal relationships for same-sex partners or spouses. There are many federal laws in which marital status is a factor. These include rights under Social Security, Medicare, immigration law, veterans’ benefits, and federal tax laws. Domestic partners also may not have the same rights as married persons if they leave California.

Same-sex married couples who got married in California but do not reside in California and live in a state that will not dissolve a same-sex marriage can file to end their same-sex marriage in California, regardless of these residency requirements. You must file for dissolution in whichever county you were married.

Contact R&S Law Group for a divorce attorney Orange County trusts.

The information on this page is informational only and should not be construed as legal advice.