When it comes time to end your marriage, there are easy ways to deal with it. While we often think that these are contentious matters, with both sides fighting in the courtroom, that is not always the case. If both sides agree to all the terms of the dissolution, then it can be a simple legal process. What is the easiest way to get a divorce in California? Let’s explore all the options for you.
Amicable Divorces Are Simple Procedures
When both spouses agree on all aspects of the divorce, including property division, child custody, and support, that is known as an uncontested divorce. Many consider these divorces to be the easiest to file.
If you are ready to dissolve the union, you can file divorce forms with the court. Remember that you (or your spouse) must be a resident of California for at least six months to file in the state.
Along with that, you (or the spouse) need to have been residents of your current county for three months. Otherwise, the case could be dismissed. Some of the forms that you might need for the process include:
- Petition for Dissolution of Marriage
- Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act
- Declaration of Disclosure
All filings will have a fee, which can vary by county. If you have financial hardship, you may be able to apply for a waiver.
One spouse will have to serve the other with the petition. After they have received that legal notice, they must respond. Otherwise, they could face a default judgment.
If you are on good terms with the other partner, you can sit down to discuss child custody, support, and property divisions. Once both sides reach an agreement, put it in writing and sign the document. Often, couples will hire a California divorce lawyer for this process to ensure that their agreements are legally compliant in the state.
The Finalized Process
Once you have worked out all the details of your divorce agreement, you can finalize the divorce. But there is a waiting period. In the Golden State, California law requires you to wait for six months from the date that the other party is served. This is known as a “cooling off” period. During this time, both parties have the opportunity to reflect on the divorce and to see if it is the right decision for them.
Even if you have an amicable split, you must still wait out that time. After the waiting period is over, you can submit your proposed judgment to the court. Within the document, you need to outline all the terms of your divorce, including child/spousal support, child custody, and property division. If the terms comply with the law, then the court will issue a divorce decree. With that, your marriage has officially ended.
Do You Need a Lawyer for This Process?
While it is possible to complete the divorce process without a lawyer, seeking legal advice is advisable, even in these “easy” divorces. With advice from an attorney, you can make sure that your agreement adheres to California law. Plus, it is also a good idea to have a legal advocate to make sure your rights are protected throughout the process. You never want to agree to terms that could affect your future.
Thinking About a California Divorce? We Can Help!
If you require the guidance of an experienced family law attorney, reach out to the Roberts & Zatlin Family Law Firm. We have been delivering family law services across California for over 35 years.
Our office in Temecula serves several areas, including Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, the Inland Valley, and other locations statewide. Contact us at (951) 381-8147 to schedule a consultation and obtain a free initial evaluation of your case.
