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
While it may seem counterintuitive to hire a divorce attorney when both parties are in agreement, it is still important to have the benefit of legal advice and guidance so long as the right type of attorney is selected. 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.
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.
Learn more about San Diego Divorce Mediation & Family Law services by calling (858) 255-1321 to schedule a free consultation.
