Registered Mariage At California Divorce At Florida Possible ?

If you are planning to file for divorce in California, y'all need to know the advantages of an uncontested divorce, the procedures involved, and how to proceed with the process.

If you are planning to stop your marriage, you demand to exist aware of the California uncontested divorce procedures. This includes understanding what is an uncontested divorce and how to file an uncontested divorce in California.

Men and women's hands on opposite sides of paper with wedding rings and pen resting on it

California Divorce Basics

In California, a divorce is chosen a dissolution of marriage. The spouse filing for dissolution is the Petitioner, and the other spouse is the Respondent. Divorces are filed in the Superior Courtroom of the county where the Petitioner resides. The Petitioner must have been a resident of California for at to the lowest degree six months, and of the county for at to the lowest degree three months.

What Is an Uncontested Divorce in California?

First, information technology helps to know what it means for a divorce to exist contested. A example where the parties engage in a dispute over one or more of the following issues is known as a contested divorce:

Property and debt division
Alimony (in California, this is called spousal support)
Child custody
Child support

An uncontested case is one with no dispute over whatsoever of these matters.

There are typically 4 ways for an uncontested divorce to exist accomplished in California:

You and your spouse hold in advance that you both want a divorce, are in agreement about all of the issues involved, and simply need to get the appropriate forms filed to consummate the process equally quickly as possible
Your spouse files a Response and is in agreement with all issues, but is content to let you lot take the initiative in getting the necessary forms prepared and filed, and will sign an agreement as to all bug.
Your spouse does non file a Response, but is ultimately willing to sign an agreement every bit to all problems.
Your spouse does not file a Response, and will not participate in the process in any way. This is known as a default case.

It is possible for a instance to start out equally contested, and end up uncontested if the parties ultimately reach an agreement. Information technology is also possible that an uncontested divorce becomes contested when an unexpected dispute arises.

Uncontested Divorce Procedures

There are 2 uncontested divorce procedures in California: summary dissolution and standard dissolution.

Summary Dissolution

There is a simplified uncontested procedure chosen a summary dissolution, which is available if both parties agree, and if all of the following requirements are met:

There are no small children;
Yous accept not been married for more than five years;
No real manor is involved;
Debts do not exceed $6,000 (not including motorcar loans);
There is no more than $41,000 of customs belongings (not including autos);
Neither party has more than $41,000 in separate belongings (not including autos);
Neither party will pay alimony; and
The parties have a written property division agreement.

Both parties demand to read the 20-page Summary Dissolution Information booklet, and waive their rights to entreatment and to request a new trial. The limits for debts and holding are updated periodically.

You and your spouse volition need to consummate and sign a Joint Petition for Summary Dissolution (Form FL-800). Yous will so complete the process, with other forms, as outlined in the Summary Dissolution Information booklet.

Standard Dissolution

If yous are not able to utilise the summary dissolution process, then the California uncontested divorce forms used to begin a divorce case are the Petition for Dissolution (Divorce) of Marriage/Domestic Partnership (Form FL-100), and Summons (Class FL-110).

The Petition will be filed with the court clerk, at which time a case file number volition be assigned. A copy of the filed Petition volition need to be delivered to your spouse, forth with the Summons and a blank copy of a Response and Request for Dissolution (Divorce) of Marriage/Domestic Partnership (Form FL-120).

Various other forms too may demand to be filed to provide financial information, if you lot have modest children, and if alimony is being requested.

Exactly how your case proceeds from this point—and which forms demand to be filed—will depend upon your spouse'due south level of cooperation and participation. The information provided by the websites for the California Courts and your local Superior Court, every bit well equally your local court's family law facilitator or self-help centre, can assist you determine the forms needed for your situation.

Except in a true case of default—where i spouse fails to respond within the time frame required by police force, or fails to appear for a court hearing—one of the key forms is a marital settlement understanding. This is a written agreement nearly how your property and debts will be divided, the custody and visitation agreement for any minor children, and spousal support (if any is to be paid). This agreement needs to exist signed by both parties in the presence of a notary public. California constabulary has specific requirements for determining kid support, so you demand to be sure your agreement complies with these guidelines.

Getting Aid

The cocky-help section of the California Courts website has data almost the divorce procedures, likewise as necessary forms. As well, each county'southward Superior Court typically offers forms, as well equally help from a family law facilitator or cocky-assistance center. Check the website for your canton'southward Superior Court for more than information almost all available assistance, forms, and procedures. You may also want to engage an online service provider to assist you navigate the various forms and processes involved in an uncontested divorce in California.

Compared with a contested case, an uncontested divorce in California costs less in terms of attorney fees and emotional stress. It besides will be completed faster. Specially where the parties sign an understanding, it is less likely for an uncontested divorce to be overturned on appeal.