An uncontested divorce in California requires certain criteria to be met and a specific California uncontested divorce procedure to be followed.
In order to qualify for an uncontested divorce in California, one of the two individuals in the marriage must have been a California resident for at least six months, and they must have lived in the county where they file for at least three months. With an uncontested divorce, there is a six-month waiting period between the point the papers are served and the finalization of the divorce.
A process called a Summary Dissolution of Marriage can be completed by a childless couple with minimal assets. During a six-month waiting period, either spouse may change their mind and stop the divorce proceeding. Therefore, this method should be undertaken only if both spouses are sure they wish to be divorced and can amicably agree on the process and division of possessions. In order to be eligible for this divorce procedure, all of the following must be true:
– The marriage has to have been five years or less in length
– No children can have been born before or during the marriage
– The woman must not be pregnant at the time of the divorce
– There may not be an interest in real estate for either spouse
– Community property, exceeding loans and vehicles, must not exceed $25,000
– An agreement detailing the division of property and debt must be made and signed by both spouses and submitted to the court
– A joint petition for the Summary Dissolution of Marriage must be signed by both spouses and submitted
– A Request for Judgement, Judgement of Dissolution of Marriage and Notice of Judgement must be filed by the same spouse and with the same clerk.
For those with children or property over the specified value limit, the process requires the filing of several documents. Those include an agreement on the division of marital property, as well as the agreement on child care and support and spousal support. Also, a declaration of finances must be filed. Then, a request for a trial hearing is granted. Both parties must be present at the hearing. At that time, a judgement for the finalization of the divorce can be signed by a judge. If this occurs and neither spouse contest, there is no need to attend a divorce hearing.
If you or someone you know is unsure of the best approach to a divorce within the state of California contact the Law Office of Anne Dowden Saxton for a free consultation.