Divorce is the final dissolution of a marriage, which terminates the
spousal rights and responsibilities that come along with matrimony.
Divorce can be a trying process for everyone involved because unlike
most judicial proceedings, deep emotional issues are tied to the
financial repercussions of the outcome.
In order to get a divorce in California, the person filing for divorce
must meet California's residency requirement. This means that they had
to have lived in California for the previous six months and in the
county in which they are filing for the previous three months.
How do I start the process?
The first step is always to consult an attorney. Divorce is not
something anyone can go through without professional help. The attorney
will know if you meet the California residency requirement and the
proper place to file.
There are a few ways that a divorce will proceed, and they depend on
several different factors. Most of all, they depend on whether or not
your spouse will contest the divorce. An uncontested divorce can cost
thousands less than a contested one.
What is summary dissolution?
The easiest and cheapest way to get through a divorce in California is
through summary dissolution. If you go through summary dissolution, you
do not even need to appear in front of a judge. Your attorney will
draft and file on your behalf and the court will approve the document
as long as certain qualifications are met.
You and your spouse can qualify to end your marriage through summary
dissolution if you meet five requirements. You cannot have children
together and you must have been married for less than five years. Nor
can you have too many assets, too much debt or any disagreements about
how to divide your debts and property.
What if I don't meet the
qualifications for summary dissolution?
If you don't fit the requirements for summary dissolution, you can
still have a fairly easy path to divorce as long as your spouse does
not contest the divorce and you agree on all terms -- including
division of debt and property, child custody, among other things.
If you serve your spouse with notification of the divorce proceeding
and the forms disclosing all assets and debts, your spouse must file a
response. If you and your spouse agree to all terms of the divorce,
then you will sign and notarize the settlement agreement, which will
then be filed with the court.
What if my spouse and I cannot agree
to the terms of the divorce?
In the case that you and your spouse cannot agree to the terms of the
divorce, then you have no choice but to debate those terms in court.
Unfortunately, this is a costly and emotionally straining process.
If you are in a contested divorce case, you may want to explore other
options such as mediation in order to aid you and your spouse in
agreeing to all the issues. This is easier and less expensive than
going through the judicial process.
What happens when I receive my
judgment?
If your spouse does not file a response, or you have a settlement
agreement prior to the conclusion of the divorce proceeding, the
judgment hearing is typically short. You may be asked a few questions
confirming that you meet the residency requirement, that all
information in the petition is true, and that you want the judge to
grant a divorce.
One alternative in an uncontested case is filing a request for judgment
by declaration. This means that you receive the judgment in the mail.
However even if your request is approved, it may take several weeks or
months for it to arrive. If your request is rejected, the court will
probably require that you come in for a hearing so the judge can
address the issues in person.
If your spouse contests the case, then you will have to go to trial and
the judge will settle the issues through a trial before giving the
final judgment, which will be binding on both parties. The parties are
more likely to understand what works best for them better than a judge
who is carrying a full caseload. Therefore, it is almost always better
for all parties involved to come to a settlement on their own terms
rather than to contest the divorce up through the rendering of the
judgment.