How to divorce in California if we Agree
Filing for divorce can be a daunting and emotionally taxing process, but it can be even more complicated when both parties are in agreement. In California, the process for starting your divorce when both parties agree is relatively straightforward. Here are the steps you need to take to file for divorce in California when both parties agree.
Hire a Divorce Attorney in San Diego, CA – Peaceful Divorce Specialist
Knowledge is power and our mediation attorney offers parties who agree the benefits of expertise and white glove service for a smooth divorce process. The key is to find the right attorney to help you benefit from advice and guidance. Our family law attorney nearby San Diego specialize in helping couples who agree to divorce. Our family law firm focuses on mediation for divorce and separation.
Our divorce attorney near you can help you navigate the legal system and ensure that all necessary paperwork is filed correctly. We can also provide guidance and advice on any potential issues that may arise during the California divorce process.
File the Petition for Divorce in San Diego County
The first step in filing for divorce in San Diego is to file a petition for dissolution of marriage with the court. This petition outlines the basic information about the marriage, such as the date of marriage, the date of separation, and any children or property involved. Both parties must sign the petition and it must be filed with the court in the county where either party resides.
Serve the Petition
After the petition is filed, it must be served to the other party. This can be done by a professional process server or by mail with a proof of service form. The other party then has 30 days to respond to the petition.
Complete the Financial Disclosures
Both parties must complete and exchange financial disclosures, which include information about income, assets, and debts. This is a crucial step in the divorce process, as it ensures that both parties have a clear understanding of the financial situation and can make informed decisions about the division of assets and debts.
Reach a Marital Settlement Agreement
Once the financial disclosures have been exchanged, both parties can work together to reach a settlement agreement. This agreement outlines how assets and debts will be divided, as well as any child custody and support arrangements. It is important to have this agreement in writing and signed by both parties to avoid any potential conflicts in the future.
San Diego Uncontested Divorce With Agreement
There exists a scenario where both partners are in agreement, and they both opt to go ahead with an uncontested divorce in San Diego. The rationale behind this is that an uncontested divorce can frequently be much less expensive to initiate. For instance, if the partner who didn’t file doesn’t respond, they often won’t have to cover the court filing fee.
An additional advantage of an uncontested divorce with consensus is that the judge will typically rule in favor of the uncontested agreement. This implies that whatever the partners agreed upon regarding asset division, determining alimony payments, etc., will likely be approved.
The procedure to obtain a default divorce with consensus starts by creating a divorce settlement that details the division of assets, child custody, alimony payments, and so on, as agreed upon by the spouses. The spouse initiating the divorce then submits the necessary legal documents for divorce to the court. The other spouse, who does not file, will receive these divorce documents and will not respond to them. Once the thirty-day period has passed, the documents can be finalized, and the divorce agreement can be approved.
Whether it’s a genuine default divorce or a default divorce with consensus, a default divorce can occasionally be the most beneficial option for all parties involved. A competent family law lawyer can offer valuable advice and support in negotiations in both scenarios, and assist in drafting an appropriate divorce settlement or divorce agreement.
File the Final Documents
After the settlement agreement is reached, both parties must file the final documents with the court. This includes a judgment of dissolution of marriage, which officially ends the marriage, and any other necessary forms. Once these documents are filed, the court will review and approve them, and the divorce will be finalized.
Filing for divorce in California when both parties agree can be a relatively smooth process if both parties are willing to work together and communicate effectively. However, it is still important to have legal representation to ensure that all necessary steps are taken and that your rights are protected. If you are considering filing for divorce in California, be sure to consult with a divorce attorney to guide you through the process.
How Much does it Cost to Get a Divorce if Both Parties Agree?
The cost of a San Diego divorce if you both are in agreement should be affordable and done with a flat fee. We offer flat fee divorce services for less than $7500 but the cost for divorce when both parties are in agreement can be less or more depending on complexity. The cost includes expert guidance and all the drafting and filing from beginning until the court approves your settlement. This guide provides a detailed overview of the potential expenses involved in a divorce, helping you understand and prepare for the financial aspect of this significant life event.
Costs for Mediation Lawyer When Spouses Agree
If you and your spouse opt for mediation or alternative dispute resolution, there will be costs associated with these services. 90% of our clients spend less than $9000 for the entire divorce process and the cost is often less when the agreement is figured out without the need for numerous mediation sessions. Mediation can be a more cost-effective option compared to a contested divorce in court.
We offer a flat rate mediation fee for clients to benefit from our mediators. The total cost will depend on the number of sessions required to reach an agreement but most often is less than $9000.
Costs of Legal Representation
Hiring a lawyer is one of the most significant expenses in a divorce. Attorney fees can range from a few hundred to several thousand dollars, depending on the lawyer’s rate, the complexity of the divorce, and the length of the proceedings. While it’s possible to proceed without an attorney, especially in an uncontested divorce, legal representation can be crucial in contested or complex cases. It’s essential to balance the cost with the potential benefits of professional legal guidance.
Impact of Contested Divorces
Contested divorces in San Diego family court, where spouses cannot agree on key issues, are typically the most expensive. These cases often require more attorney time, court appearances, and potentially a trial, all of which contribute to higher costs.
Do-It-Yourself Divorce Costs
Choosing to handle your divorce without legal assistance can reduce expenses significantly. However, this approach is generally only advisable in simple, uncontested cases. Even in a DIY divorce, you should be prepared for filing fees, costs for copying and notarizing documents, and potentially some consultation fees if you seek limited legal advice.
Long-Term Financial Implications
Apart from the immediate costs, consider the long-term financial implications of the divorce settlement. This includes the division of assets and debts, alimony, and child support. A seemingly less expensive divorce that results in an unfavorable financial settlement can have lasting negative consequences.
Frequently Asked Questions
Q: What is a Default Divorce with Agreement in San Diego?
A: A default divorce with agreement in San Diego County is a way to divorce amicably. An uncontested divorce can be filed as a default divorce with agreement in California and the Court enters the divorce judgment based on the terms of the mutually agreeable Marital Settlement Agreement.
Q: How Long Does it take to divorce if we both agree in California?
A: The process of finalizing a default divorce in California can span several months. It could be as short as half a year or extend up to a full year. The duration largely hinges on the intricacy of the divorce and the elements that need to be evaluated before its conclusion. Matters such as spousal support, child custody, child maintenance, or the splitting of high-worth assets can complicate the divorce. The law in California ensures that both parties have every chance to participate in the divorce proceedings.
Q: What Does The Ten-Year Rule For Divorce Mean in California?
A: According to California’s legal framework, there exists a regulation for marriages that have endured for a decade or longer. This length of marriage is significant as the court treats a divorce ensuing from a long-term marriage in a unique manner. For instance, the court maintains authority even after the final divorce judgment and has the power to modify the quantity or length of a spousal support order if situations shift.
San Diego Affordable Divorce Services
The cost of a divorce in terms of mental and emotionally wellbeing as well as the loss of money and time can be detrimental and life-altering. But the cost of your divorce is highly variable and largely depends on how you and your spouse navigate the divorce process.
Understanding options for divorce paperwork completion, filing fees, the way the court petition is filled out, and whether you opt for a friendly amicable divorce mediator or choose lawyers who will fight endlessly, it’s about you and your family choosing how to transition.
Preparing for these costs and learn more so that you make informed decisions and navigate the divorce process most effectively.
San Diego Divorce Mediation & Family Law offers paralegal paperwork services, mediation services, legal advice and can help with any family law and divorce need you may have. Call us at (858) 255-1321 to schedule a free consultation.
