How to Get a Fast and Friendly Divorce in California

Sometimes long-term partnerships, such as marriages, do not work out. This is completely natural, and a lot of marriages can end on good terms. Usually, when considering getting a divorce, most people wonder how they can get it over with quickly so that they can move on with their lives. The urge to get back to a new normal is common.

Perhaps you and your spouse have both decided that getting a divorce is the best thing for your family. You have sorted out your differences, and you are still in strong and clear communication. In that situation, a relatively fast and easy divorce in San Diego can be perfectly attainable.

The Fastest Way to Divorce in California

Uncontested divorces are the quickest way to end a marriage in California. For this kind of divorce, all parties must agree on the conditions of the divorce, such as the division of property, spousal support, and child custody. The procedures for an uncontested divorce in California are as follows:

• File a divorce petition. A petition for divorce must be submitted to the court by one of the spouses. In it, the grounds for the divorce and the details of the divorce agreement are stated.
• Serve the petition. The other spouse must get notice of the petition either personally or through the mail.
• File a response. To respond to the petition, the other spouse has 30 days to either accept the conditions or dispute the divorce.
• Submit a signed settlement agreement. If both parties agree on the terms of the divorce, they can submit a signed settlement agreement to the court.
• Wait for a waiting period. California has a 6-month waiting period for divorce. This period begins on the date the divorce petition is filed.
• Finalize the divorce. After the waiting period, the court will review the settlement agreement and, if approved, will enter a final judgment of divorce.

The entire procedure of an uncontested divorce might be completed in as little as six months. An uncontested divorce may not be ideal for everyone, however. It is advised that you speak with a divorce lawyer. They can help you determine whether this is the best course of action in your particular case.

Summary Dissolution vs. Uncontested Divorce

Summary dissolution and uncontested divorce are similar in that they are both streamlined and expedited divorce processes in California. However, there are some key differences between the two.

A summary dissolution is a simplified divorce process available to couples who meet certain eligibility requirements, such as:

• A short duration of marriage
• No children born or adopted during the marriage
• Limited property and debt

If a couple meets these requirements, they can obtain a divorce without having to go to court.

An uncontested divorce is a divorce in which both parties agree on the divorce terms. In an uncontested divorce, the parties can file a joint petition for divorce and resolve the matter outside of court. They can also appear before a judge to obtain a court judgment if necessary. Unlike a summary dissolution, there are no eligibility requirements for an uncontested divorce.

Both summary dissolution and uncontested divorce can be faster and less expensive than a traditional divorce. However, a summary dissolution is only available to a limited group of couples. Conversely, an uncontested divorce is available to any couple who agrees on the terms of their divorce.

FAQs

Q: How long do you have to be separated before divorce is automatic in California?

A: There is no automatic divorce in California based on a certain amount of time spent apart. The state grants a divorce through a court judgment. This is based on the agreement of the parties or a determination made by the court after a trial. There are, however, certain waiting periods that must be met before you can get or finalize a divorce.

Q: What is the 10-year rule in California for divorce?

A: The “10-year rule” in California refers to the concept of “long-term marriage” in divorce cases. In California, the length of a marriage is considered by the court in determining the amount and duration of spousal support (alimony) in a divorce case. A marriage that lasts for 10 years or more is typically considered a long-term marriage for the purposes of determining spousal support. In a long-term marriage, the court may award long-term spousal support. This means that the recipient may receive support for an indefinite period of time until the recipient remarries or either party dies.

Q: Is it better to stay separated or divorce?

A: Some people choose to stay separated because they are not ready to end their marriage and are still exploring their options. Others may have religious or personal beliefs that prevent them from getting divorced. Some couples choose to divorce because they believe it is the best way to move forward. They may wish to formally end the financial and legal obligations associated with marriage. It is important to consider your individual circumstances and goals to help you make the best decision for you.

Q: Can a divorce be denied in California?

A: Yes, a divorce can be denied in California under certain circumstances. California is a no-fault divorce state, which means that a divorce can be granted without assigning blame to either party. However, if one or both parties do not meet the eligibility requirements for a divorce in California, the divorce may be denied. Additionally, one party may contest the divorce and dispute any of the terms, such as property division or child custody. The court may not grant the divorce until these disputes are resolved.

Get Legal Support With a Quick and Simple San Diego Divorce

Divorce does not have to be something that makes your world fall apart. Our award-winning attorneys at Bickford Blado & Botros can guide you through the divorce process and ensure that all required steps are taken in a timely manner. Our team has years of experience ensuring that all required forms and documents are properly completed and filed with the court. This can help avoid delays or errors that may slow down the process. Reach out to one of our divorce lawyers today to help ensure that your interests are protected throughout your expedited divorce.

 

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