Where Do I File for Divorce?

A divorce may be filed in the state of California if at least one party has lived in the state for six months. The proper county to file a divorce is in the county where at least one party has lived for the past three months.

Even though a divorce may be filed in a proper county, there are times when a divorce must be transferred from the proper county to another county. For instance, if one county finds that there are no judges qualified to act in a particular case the case can be transferred. In that circumstance, the Code of Civil Procedure section 397 allows the family court to transfer the case to a nearby county. If the parties agree to a particular county, then the court can transfer the case to that county. If there is no agreement, then the case is transferred to the nearest county.
 
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as jurisdiction or any other dissolution issue such as child support, spousal support custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

 

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.

Set Aside of a Default Judgment

When a default judgment for divorce is entered, parties have a limited time in which set aside the judgment. Setting aside the judgment takes the case back to the time when the parties were still married. It is as if the judgment was never entered.

One basis for setting aside the judgment is extrinsic mistake. Extrinsic mistake exists when the ground for relief is not based upon misconduct of one of the parties. Extrinsic mistake is based upon excusable neglect by the defaulting party. If such neglect results in an unjust judgment, without a fair adversary hearing, the basis for equitable relief is present.

To qualify for equitable relief from default on the basis of extrinsic fraud, the defendant must show the following: (1) the case would be valid if re-opened; (2) the moving party has a satisfactory excuse for not participating in the original action; and (3) the moving party acted diligently in seeking to set aside the default when the mistake was discovered.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as setting aside of a default judgment or any other dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.