Divorce in California | The Main Types

Divorce in California | The Main Types

A great number of people consider divorce to be one of the most pitiful and sorrowful events of their lives. I agree that this is completely not pleasant to see how your marriage that you have built for at least 3 years disappears on your own eyes. It is just terrible. But, to be honest, I can tell you that it is the beginning of a new and happy life. I have already been divorced, furthermore, I have had a lot of clients with different types of the divorce, so I can assure you 100% that divorce is not the end. I will tell you the main rules of how to file with the Superior Court, how to deal with serving your spouse with all the documents, what not to do while you are having a legal separation, etc. Take a cup of your favorite coffee and let’s begin!

Main Facts about California Divorce

The divorce process in California implements several types. In general, there are a Contested Divorce, an Uncontested Divorce, the Annulment of the marriage, and the Legal Separation. All other types of the divorce are similar to these ones and have the same rules. I suggest speaking a bit about all of them separately. The Contested Divorce will be the first. We can see that the Contested Divorce is the most complicated and troublesome case ever. I have dealt with such a case for thousands of times and I want to say that it is a disaster for both spouses to implement the mediation process, the court hearings, public revealing of the divorce grounds, and so on. The Contested Divorce in California lasts at least 1 year and requires a lot of tiny items to be fulfilled. You should meet all the residency requirements, moreover, you should file for divorce with all the papers and forms appropriate for your case, etc. The Contested Divorce costs more than an Uncontested Divorce. The approximate price is $15 000. With the well-qualified attorney help, you can be absolutely protected for all the inconveniences of the divorce process and save lots of your nerves. To the contrast of the Contested Divorce, the Uncontested Divorce is the most preferable and the easiest type of such a proceeding. It does not require the attorney help at all. I can tell you that all the documents for such a divorce you can prepare yourself or use the online divorce service, we will speak about it later. The Uncontested Divorce is a cheap one and requires only payments of the filing fees. The other expenses you can avoid if it is a necessary financial question for you. The term of such a divorce is from 30 days to 6 months. The duration of the case depends on the number of children, the child custody process, the alimony questions, etc. The main difference between the Contested and the Uncontested divorces is that the Uncontested one is considered to be amicable. Both spouses agree on all the issues of the case and complete their case the sooner the better. There is another type of the legal termination of the current marriage, the Annulment of the Marriage. The annulment stipulates that the marriage was registered against several rules or laws, so it should be approved to be never existing. Such a process is rather different from other types of the divorce, so you should prepare yourself for such a case and ask the experienced attorney to assist you in such a deal. The last and the most controversial type of the divorce is the Legal Separation. The secret is that it is not a legal and official type of the divorce. In California, the legislation approves the Legal Separation, and therefore it is a well-spread event. The couple files with the court for the Legal Separation, the Superior Family Court approves or rejects the Petition, and the couple can live separately for approximately 1 year. During this term, the couple cannot marry again or start an official cohabitation with another partner unless the spouses are still officially married. After such a term, the couple can either have a reconciliation period or file for divorce and continue the separation process. At least, for all these types of the divorces, the spouses have a unique problem, the preparation of the divorce papers.

File for Divorce in California

You have to serve your spouse with the well-qualified and ready documents, by the way, it is your obligation as you are the Petitioner of the divorce process, but previously you have to prepare the forms and documents. I can tell you for 100% that if your documents are in a well-done state, the divorce process will be for sure easier for the couple in general. I have dealt with all the documents of both the Uncontested Divorce and a Contested one. The term of the preparation of the papers by me was from 5 days to 14 days. Everything depended on the complicity of the case. I filed the documents with the accuracy because my assistance is not cheap at all. The documents that are prepared by other lawyers can also be truly well-qualified, but I know several cases, when my friend, also a lawyer, had several mistakes in the documents. That is life. There are other types of the preparation of the documents. For instance, the do-it-yourself preparation of the documents. It can be rather an inexpensive process, but you can make several mistakes that in future can cost you a lot. The better variant, if you are not ready to pay $600 for my assistance, to make the documents by means of the online service. It is also a cheap way of dealing with the documents, but it is also rather a reliable service. So, the choice of how to prepare your documents for the court is not so big, but you can choose that one that will perfectly suit your case.

To sum up our small talk, I have to say that to have a divorce in California with the help of an attorney is a rather wise deal, but if the financial situation of yours can be better, there are also lots of opportunities to conduct it with the minimal expenses. The more you learn about your divorce case the faster you will get the Final Decree.

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