Types of divorce in California? The best way to be prepared for your divorce is by understanding the different options available in California.
This would help you decide which law firm and strategy are right for you, ensuring that time spent choosing isn’t wasted because it could’ve been deduced sooner if there had only been more research done upfront.
An expert divorce lawyer can go through each option with you in further depth and help you decide which is best for you.
Types of Divorce In California
Summary Dissolution (Simplified Divorce)
This is a simplified divorce process available to couples who meet specific requirements, such as having no children and only owning simple property.
To qualify, you must meet specific requirements, including that:
- You and your spouse have been married for less than five years
- You have no children together, either born during the marriage or adopted by you during the marriage
- You do not own any real property together
- You do not have a registered domestic partnership
- Neither you nor your spouse is currently pregnant
- You and your spouse agree on all terms of the divorce, including division of assets and debts and spousal support.
Uncontested Divorce (Separation Agreement)
An uncontested divorce is when you and your spouse agree on all divorce terms, including division of assets and debts, spousal support, child custody, and visitation. An uncontested divorce can be finalized relatively quickly.
It is important to get professional help when going through an uncontested divorce because there are many things that you might otherwise be deprived of, such as alimony payments and part ownership in your partner’s retirement funds.
Default Divorce
A default divorce occurs when your spouse does not respond to your divorce petition within 30 days.
If this happens, you can file a request with the court to enter a default against your spouse, allowing you to proceed with the divorce without your spouse’s participation.
Contested Divorce
A contested divorce is when you and your spouse do not agree on all terms of the divorce, including the division of assets and debts, spousal support, and child custody and visitation.
A contested divorce can take months or even years to resolve and often requires the assistance of a mediator or attorney to settle.
The family court decides what happens in cases where couples can’t agree. The judge does their best to remain impartial and considers the interests of all parties involved, but they don’t know you personally as I do- so it’s hard for them to make decisions based on paper only.
When Is It Legal to Divorce?
Each state has its own rules about when a divorce can be granted. In some states, a divorce can be granted immediately; in others, there may be a waiting period of several months or longer.
If you are considering getting a divorce, it is essential to consult with an experienced divorce attorney to find out the laws in your state.
An attorney can also help you determine if other options are available to you, such as legal separation or annulment.
Divorce is difficult to make, but it may be the best option for you and your family.
If you have decided that divorce is the right choice for you, consult with an attorney to ensure that you follow all of the legal steps required in your state.
What Are The California Divorce Grounds?
There are a few different ways to get divorced in California.
- The first option is to file for divorce on irreconcilable differences, which means that the couple has differences that cannot be resolved and can no longer stay together.
- The second option is to file for divorce on incurable insanity, which means that one spouse is incurably insane and the other spouse can no longer stay with them.
- The third and final option is to file for divorce on the grounds of desertion, which means that one spouse has left the marriage without any intention of returning.
If you and your spouse agree on the terms of your divorce, you can file for a Summary Dissolution, which is a simpler and quicker process.
However, if you and your spouse cannot agree on the terms of your divorce, you will need to file for a Dissolution of Marriage, which is a more complex process.
What is Divorce Litigation?
Divorce litigation is the process of resolving a divorce through the court system. This can be a lengthy and complex process involving many different aspects of family law.
The process can be further complicated if children are involved, as child custody and visitation rights will need to be determined. In some cases, divorce litigation may also involve property division, alimony, and child support.
Divorce litigation can be a very stressful process for all parties involved. Therefore, it is essential to have an experienced divorce attorney by your side to help you navigate the legal system and protect your rights.
If you are considering divorce or are already in the midst of a divorce, contact our office today to schedule a consultation with one of our experienced divorce lawyers.
We can help you understand the divorce process and what to expect every step of the way.
What Is Collaborative Divorce?
Collaborative divorce is an alternative to traditional divorce litigation. In a collaborative divorce, both parties agree to work together to resolve their differences outside of court.
This can be a more amicable and less stressful process for all parties involved.
In a collaborative divorce, both parties will have their attorneys to advise them and help facilitate the process.
The parties will also meet with other professionals, such as financial advisors and child specialists, to help resolve any issues.
Once the agreement is reached, it will be put into a written contract and submitted to the court for approval.
Due to the misunderstanding of these situations, one of the worst mistakes people make in uncontested divorces is not talking with a divorce attorney ahead of time.
