Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Sep 8, 2023, 4:31am
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An uncontested divorce in California is one of the easiest and least expensive ways to end your marriage. But, there are specific requirements you must meet to get an uncontested divorce. California law mandates you complete certain court forms and meet residency requirements before you end your union there.
This guide to an uncontested divorce California explains all you need to know about the laws of the state and how you can end your marriage.
An uncontested divorce in California is one in which you and your spouse agree that the marriage should end and you agree on the issues relevant to your divorce.
When you get an uncontested divorce, you do not need the court to make any decisions on any aspects of your divorce such as how property is divided, how custody is shared or whether alimony will be paid. You come to a consensus on these issues yourselves and draft your own settlement agreement.
You and your spouse must also both be willing to sign all of the required divorce paperwork that must be submitted to the court for your marriage to be dissolved.
If you want to get an uncontested divorce, California requirements include the following.
You must meet residency requirements in order to be eligible to get any type of divorce in California, including an uncontested divorce.
You can meet these residency requirements if at least one spouse has lived in California for the prior six months. If you meet this requirement, you can file for divorce in the county where either you or your spouse have lived for the three months prior to the divorce filing.
If you don’t meet this criteria you will have to divorce elsewhere or wait to get an uncontested divorce California until you or your spouse have lived in the state for the minimum required time period.
The key to an uncontested divorce is that there are no contested issues, or issues you and your spouse have been unable to decide on and need help addressing. To move forward with an uncontested divorce, you need to have an agreement on the following matters:
If you have difficulty agreeing on these issues independently without help, you may want to work with an experienced mediator. A mediator is a trained professional who helps to facilitate communication to enable couples to find compromise.
There are two different paths to pursuing an uncontested divorce in California. These include a summary dissolution or a standard dissolution.
A summary dissolution is a faster simplified process but you qualify for it only if you meet the following conditions:
If you don’t qualify for a summary dissolution, you can still pursue an uncontested divorce through the standard dissolution process. However, more forms are required.
You must file for divorce in order to move forward with an uncontested divorce California. One spouse initiates the process by submitting the required paperwork with the court.
The California Courts Self-Help Center enables you to find the documents that you are required to complete and submit. You can obtain a packet of forms in PDF form that you need to use. Depending on whether you are pursuing a summary or standard dissolution, you need one of the following:
These packets contain documents that must be completed as part of your divorce proceedings, such as a Joint Petition for Summary Dissolution and an Income and Expense Declaration.
Completing these forms can be complicated, so it is often best to have an attorney provide you with assistance. You and your spouse must both be willing to complete all required forms in order to move forward with an uncontested divorce.
You must also pay court filing fees (between $435 and $450) when initiating your case. If you are unable to afford them, a fee waiver packet is available on your county’s self-help center website. This includes additional documentation to complete.
Once you have submitted your forms, your case will move forward and if you meet all the requirements, the court will dissolve your marriage.
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An uncontested divorce California has many advantages including the following:
For all of these reasons, it is a good idea to pursue an uncontested divorce in many situations unless it is clear you and your spouse will be unable to come to an agreement on your own.
An experienced California divorce lawyer can assist you with pursuing an uncontested divorce and can help you to end your marriage as quickly and effectively as possible. Contact an attorney as soon as possible once you have decided to divorce so you can protect your rights throughout the process.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
AdvertisementThe California Court’s self-help guide indicates that a divorce takes at least six months. The process involves initiating divorce proceedings, serving your spouse, waiting for their response, sharing financial information, drafting a divorce settlement agreement and finalizing the divorce.
There are online tools that you can use to help you file for divorce yourself in California. But even the best online divorce services aren’t a full replacement for legal representation so, it is best to have a lawyer representing your interests. The outcome of your divorce impacts many aspects of your life going forward, including your financial situation and time with your children. It is best to have legal representation to make sure you get the best possible outcome.
In a California divorce, property is divided based on community property rules. These rules dictate each spouse is entitled to 50% of marital assets and is responsible for 50% of marital debts. This is in contrast to equitable distribution states where property is divided fairly but not always equally.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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