LegalZoom provides a simple and quick way to get legal services from qualified attorneys. If you meet these requirements, you or your spouse can initiate the divorce process by filing a divorce petition. California was the first state to offer no-fault divorces. Whether you need to go to court depends on whether your divorce is contested or uncontested.
How Fast Can You Get Divorced in California?
Before you and your spouse can be divorced, you both need to reach an agreement on the divorce terms. If you do not agree on the terms, your divorce is contested. In this case, the issues you and your spouse disagree on may need to be settled by a court. Even if you and your spouse disagree on some issues, you do not necessarily need to go to court. Here are a few alternative paths:. You can find more information about mediation and collaborative divorce at the California Courts website.
If you and your spouse agree on the terms of your divorce meaning you have an uncontested divorce , you do not have to appear in court. It is possible to complete your divorce by drafting an agreement and filling out the appropriate forms, then sending them to the court. You may pay additional court fees depending on your county. Additional costs for your divorce will vary depending on which route you take to resolve it. Here are approximate costs for various paths.
Residency Requirements for California Divorce
Preparing your divorce yourself will cost little to nothing besides additional court fees you may need to pay. However, the process takes more time, because you will need to conduct your own research and ensure you have filled out the divorce forms correctly. If your divorce is relatively simple, the cost will be around a few thousand dollars at a minimum. If you choose to hire divorce lawyers, consider negotiating a flat fee for your divorce. Online divorce services typically cost around a few hundred dollars. Costs vary depending on the benefits offered.
For example, some services only help you prepare the right forms; others provide tutorials, professional review of your documents and spousal-support plans. To give you an idea of the range of costs, here are a few online divorce websites and what they charge:. By law, it will take at least six months before a divorce is finalized.
Time starts ticking from when the divorce petition is served to the spouse or when the spouse responds whichever comes first. A divorce may take longer than six months, depending on the complexity of issues in the divorce and how much you and your spouse can agree on the terms.
According to a study by Martindale Nolo Research, the average divorce takes 15 months to complete with divorce attorneys. Whether you have children with your spouse affects this timing: about 12 months if no children and about 18 months if children are involved. If you and your spouse agree on most issues, the details of your divorce could be settled relatively quickly.
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For example, an online service for uncontested divorces can help a couple come to a resolution in as little as a month. By law, however, it takes six months before the marriage is legally ended. Online divorce services are for couples who can work together on divorce terms and who agree on most issues. To use one, you need to:.
If you are the one receiving the forms, you will be known as the Respondent. Unless you can get a fee waiver, you should expect to pay several hundred dollars when you file your paperwork.
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After you file your paperwork, you must provide your spouse with a copy of the Petition and a Summons to appear in court. Your spouse will have 30 days to respond to the paperwork. You cannot give the paperwork directly to your spouse. Service by mail is a good option if your spouse is agreeable to the divorce and wants to expedite the process. When your process server has completed delivery of the Summons either in person or by mail, they must sign the Proof of Service of Summons Form FL , which is then filed with the court.
You should file the original in person with the family law clerk at the courthouse and ask for a time-stamped copy to show proof of filing. Costs will vary based on what specific services the vendor offers. Some will help fill out and review forms.
Move Away Cases in California
Others will provide tutorials as well as provide other related services. An online search should produce several possibilities that will closely match the type of services you require. You can file for a divorce on your own. This generally works best when you agree on all the issues with your spouse.
The question is how to get a divorce in California? The answer is in this guide
Both of you can complete paperwork and submit them on your own. A judge will review your proposed divorce settlement before signing off on the final decree. But if you are in a divorce situation where you and your spouse have disagreements, you might be wise to retain an attorney to help you work through those issues and protect your rights. There may be other additional fees as well, depending on where you live. To request a waiver, you will need to complete Form FW You will also need to pay some sort of a retainer up front to start the process.
When you are seeking outside help, one of the important issues you need to discuss during the vetting process is what all anticipated costs will be. You should be given an itemized list that will help you start to figure out costs of the actual divorce process. To file for a divorce in California, you or your spouse must have lived in the state for at least the last six months and for at least the last three months in the county where you plan to file for divorce.
If you or your spouse have lived in California for at least six months, but in different counties for at least three months, then you can file for divorce in either county. However, most couples experience delays to one degree or another, and each delay can push the time frame back by weeks or even months. The biggest factor in determining how long your divorce will take is according to the type of divorce you choose. Uncontested divorces can be finalized in as little as six months, but contested divorces may go one to two years or more.
The other factor that impacts length is how complex your divorce is. In cases like this, it is sometimes best to retain the services of a Certified Divorce Financial Analyst to assist you. Divorcing spouses in [state] often retain a family law attorney to help them through the process. In simple cases, an attorney may be equipped to handle all aspects of the divorce, including the finances.
But if you have a degree of complexity to your financial situation, you might benefit from working with a divorce financial planning expert. A CDFA has specialized training in the financial and tax implications of divorce and can work with you to help you understand the pros and cons of your options. If you have financial concerns or are interested in learning more about what a CDFA does, be sure to check out our guide: What is a Certified Divorce Financial Analyst?
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. The spouse requesting the bifurcation must ask the court for a separate trial that will deal only with the issue of marital status.
A judge will not grant a bifurcation trial if the minimum waiting time for divorce in California—six months—has not passed since initial divorce papers were served. Judges will also demand a strong reason why a spouse is requesting bifurcation. If you are granted a bifurcation, and you took the last name of your spouse, you can legally restore your name to your maiden name.
Another thing to be aware of is that if a spouse maintains health insurance for the other, then he or she must continue to provide coverage, when possible. If you are the person who filed a petition for divorce in California, you can file a Request for Dismissal, as long as your divorce or separation is not final. To do this, you will need to file Form CIV If you later change your mind and decide you do want to go forward with the divorce, you will need to start the process all over again.
If you are not the person who filed the petition, you cannot stop the divorce process on your own. As long as one side wants to get a divorce in California, the other person cannot stop the process by refusing to participate. It provides a summary of the rights and responsibilities of each party, including financial responsibilities and a division of assets. It also covers child custody, visitation, alimony, child support and other similar issues.
Once the divorce decree is issued, parties are legally free to marry another person. The divorce decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the decree, the other party can take legal action to correct any deficiencies.