Many divorce attorneys contend that the whole practice of law is based on the supposed fact that the spouses have a certain fixed date of separation. But the California divorce law provides for a shorter fixed date for divorce proceedings. For example, in the case of an uncontested divorce, the stated reason is that the partners have become incompatible and it is impossible to maintain the relationship. According to the Family Code, the court may permit the spouses to reach a divorce after a certain period of time unless they want their case to go to trial.
If the partners do not want to work together and agree to separate immediately, they may have a chance to have their case reconsidered. This is possible if the reasons for the divorce become unbearable for the spouses. In this case, they may turn to the court for reconsideration.
It has long been known that certain dates are associated with the start of the divorce process. For example, in California, the Federal District Court announces the start of divorce proceedings on April 15. But the state also supports the notion that the beginning of divorce proceedings can be any time they wish.
Moreover, in accordance with the wishes of the spouses, the court may extend the validity of all the documents it is working on up to 30 days. However, remember that this period is only temporary and the divorce will not be finalized until the extended validity is granted.
California Divorce Process
The divorce process in California consists of a number of steps that can be taken by both parties and their attorneys. The first and most important step is to fill out all the required papers. You can do this by completing the following documents:
- Financial papers providing data about your shared belongings or any debts you might have.
- The Petition for Dissolution of Marriage or some variation thereof.
- The formal reply to the petitioner’s claim.
- The Notification of Unreasonable Behavior.
- The Acceptance of the Service of Summons.
- The next important step is to file the documents with the court. You must also pay a fee for the submission of documents to the court.
- Finally, the spouse has to appear for a hearing of the case.
If the spouses are divorced and NO DEFICIENT INFORMATION is found, the judge will order a divorce.
After the hearing, there is a waiting period for new orders that must be served to all parties. After this period, the divorce will be granted.
California divorce forms
To begin with, we need to take a look at the divorce forms in California. The first form to submit to the court is the Petition for Dissolution of Marriage or simply PDA. It is the petition of the petitioner where the spouses name is mentioned. The second form to complete after the petition is the Settlement Agreement. This document is to be signed by both of the parties after they have waited for 3 months from the day they submitted the petition to the court. This is also when the spouses must give a statement of their reasons for getting divorced. In the case of a contested divorce, these reasons may vary and be changed during the process. Also, there is the opportunity to submit a Complaint about Divorce with minor children. This document must contain all the information about the commitment of each party to the divorce.
Additionally, there is the opportunity to submit the Waiver of Service of Summons. This document is to be signed by the petitioner who acknowledges that the other party to the divorce is not willing or able to hear them. It is to be submitted along with the petition of divorce.
When speaking about the uncontested dissolution of marriage, the California divorce process is similar to the procedure in other states. The only difference is that the uncontested dissolution of marriage is not required in California, making it an easier divorce for both parties.
Cost of divorce in California
The average cost of divorce is $11,600 with a lawyer added, which is $8,900. The cost will vary depending on your county and state, however it ranges between $3,900 and $27,900 with an attorneys services. The cost of divorce in California also includes the submission of paperwork to the court and the preparation of the court. Total divorce costs in California are around $8,900 with a lawyer added, or $8,900 with no lawyer required.
Uncontested Divorce in California (CA)
Have you once been a victim of domestic violence? Perhaps it is not a regrettable fact, but the current situation brings up a situation where many husbands and wives are left in uncertainty as to their future. The conflict between former partners becomes more and more intense and can be really devastating. The presence of a crying baby can also play a cruel joke and cause resentment. In this situation, it is necessary to introduce a great deal of care and attention to the situation. The state of California recognizes the importance of providing a satisfactory divorce experience for all couples, regardless of background or marital status.