Every married couple does not have an identical relationship, nor the same problems that lead to termination of the marriage. There are various types of divorce options available in California to meet the varying requirements of parting couples. If you are certain that getting a divorce from your spouse is the right decision, the next step is to conclude how you would prefer to proceed with this motion. It all comes down to whether a couple is ready to work together or their hostility towards each other has turned them into sworn enemies. Sometimes, only one of the partners wants the divorce, which only delays the inevitable.
Family Law Attorney in Valencia, CA, can help you determine that what kind of divorce best suits your marital situation:
1. No-Fault Divorce
If one spouse wants out from the marriage, he or she is entitled to file for divorce in California. A divorce that does not require any justification or allegation to process is called a no-fault divorce. When you petition for divorce, the court will accommodate your request, regardless of the reason behind it. Irreconcilable differences or incompatibility can be the simplest explanation. All you need to do is tick the corresponding box on the legal document, and your petition will be approved without further intervention or interrogation.
2. Collaborative Divorce
Collaborative divorce is a means to dissolve the marriage in a polite and peaceful manner. The couple works together to reach a settlement that is reasonable for both sides. Both parties are accompanied by their attorneys that specialize in family law. This approach only works if the divorcing parties are on friendly terms, or at least willing to play fair. The collaborative method is usually less expensive and contentious than a typical (litigated) divorce. Both parties have maximum control over provisions in the divorce agreement, since there is no interference from court.
3. Contested Divorce
Contested divorce, also known as a litigated divorce, is the conventional method of terminating the marriage. This kind of divorce is time-consuming, costly, and stressful for all parties involved, though it is unavoidable under certain circumstances. How the divorce proceeds and reaches completion depends upon the level of conflict between opposing parties. In most cases, the couple cannot agree on terms of child custody, parenting, property division, alimony, and child support. They need a third neutral party to intervene and devise equitable solutions to disputes.
If the issues cannot be resolved through mediation or arbitration, the case goes to court where the designated judge has the right to convey the final verdict. The final judgment depends upon deliberate consideration and understanding of the court judge.
4. Uncontested Divorce
Uncontested divorces are swift, painless, and economical. As the name suggests, this kind of divorce implies that both parties are on the same page, so there is no room for conflict. The attorneys from both sides are able to negotiate on behalf of their clients and formulate a divorce agreement that is mutually beneficial. Given that there are no complaints from either side, the intervention of a third party or family court is not required.
5. Simplified Divorce
A simplified divorce, formally referred to as ‘Summary Dissolution’ is a no-fault and uncontested divorce. It is a fuss-free approach that is frequently applied to short-term marriages. In order to qualify for summary dissolution, you and your spouse should have resided in California for a minimum of 6 months, and at least 3 months in your current county. In addition, the divorcing couple has to meet the following conditions:
- The marriage did not last more than 5 years.
- The couple had no children together (conceived or adopted)
- The wife is not pregnant at the time of the divorce
- The couple does not co-own any property/real estate
- Joint debt does not exceed $6000
- Individual assets are not worth more than $47,000
- The value of community property does not exceed $47,000
- Both partners file a joint petition for divorce
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