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California offers a simplified divorce process which is when both spouses agree on all major issues such as property division, child custody, support, and debts. Dive into ppt to know how to get a quick divorce in California.
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The fastest way to get a divorce in California is possible but it depends on several factors like how complicated your case is, whether both spouses agree on the terms, and how smoothly the legal process goes. California offers a simplified divorce process which is when both spouses agree on all major issues such as property division, child custody, support, and debts. If you're looking to get a quick divorce, here’s an easy guide to follow:
Physical and Legal Custody To file for divorce in California, at least one spouse must meet the state’s residency requirements. This means that either you or your spouse must have lived in California for at least six months and in the county where you are filing for at least three months. Once you meet these requirements, California law requires a mandatory waiting period before the divorce can be final. The waiting period is six months from the date the divorce papers are served to your spouse, and it cannot be shortened. However, if both spouses agree on important issues, the rest of the divorce can be quick and smooth.
File the Divorce Petition • To start your divorce, you must file a Petition for Dissolution of Marriage with the court. This is the official divorce paperwork. You will need to fill out several forms, including: • Petition for Dissolution of Marriage (Form FL-100) • Summons (Form FL-110) • Declaration of Disclosure (Form FL-140) (this form is for both spouses to disclose their assets and debts) • If both spouses agree on all divorce terms, there might not be any court hearings, which can speed up the process.
Serve the Divorce Papers After filing your petition, the next step is to serve the divorce papers to your spouse. In California, the spouse filing for divorce must have the other spouse served. You can hire a process server or have a friend or relative over 18 years old do it. The respondent must sign an acknowledgment of receipt. If your spouse agrees to the divorce, they can sign and return the papers. You can proceed with a default judgment if they don’t respond within 30 days.
Create a Marital Settlement Agreement • One of the quickest ways to finalize your divorce is to reach a marital settlement agreement. This is when both spouses agree on all the important aspects of the divorce, such as: • Property Division: How to divide assets, debts, and property acquired during the marriage. • Spousal Support: Whether one spouse will pay alimony. • Child Custody and Support: How to handle child custody, visitation, and financial support.
Submit the Final Judgment Once both spouses have agreed on the terms, the next step is to submit the Judgment of Dissolution of Marriage to the court. If the divorce is uncontested, the court will review the settlement and approve it without needing a hearing. If the divorce is contested, or if it involves complicated issues like child custody or significant assets, it may take longer to finalize. In such cases, court hearings may be required.
Complete the Divorce While California law requires a six-month waiting period before the divorce can be finalized, if all issues are agreed upon and there are no disputes, the judge may approve the divorce right after this period. Use Mediation to Speed Things Up A mediator helps both parties reach an agreement without needing a court hearing, which can save time. Mediation is optional in California, but it’s a cost-effective way to finalize the divorce faster.
Get Legal Help if Needed If your divorce is uncontested, you can handle the paperwork yourself or use online services. But if your divorce is contested, or if you find the process confusing, hiring a divorce lawyer might save time and prevent mistakes. Legal experts can help ensure your settlement is fair.
Final Thought Though California’s divorce process includes a mandatory six-month waiting period, you can still get a quick divorce by following the steps mentioned above, especially if both spouses agree. Are you looking for a divorce attorney and divorce mediation lawyer in San Diego? Get in touch with Mesnik Law. We are a group of lawyers who handle each case with complete care and professionalism. Our lawyers are experienced and knowledgeable and will guide you through every step.
Mesnik Law Group, Inc. 9665 Chesapeake Dr. Suite 445 San Diego, CA 92123 www.mesniklaw.com