Divorcing in California can be challenging because of many laws and legal considerations. If you are looking to separate from your spouse, there are also different types of divorce in California.
In this article, we will explore each divorce type in detail. Read on to learn more about the process and decide which is best for your situation.
Types of Divorce in California
There are several divorce options in California based on the couple’s circumstances regarding divorce types. If you want a divorce in California, you do so by starting a court case.
You can get a divorce even if your spouse does not want one. Depending on the case’s complexity and the legal issues, it is best to have a California family law lawyer by your side.
Our family law experts aim to make this emotionally draining period smoother and easier for you. They will manage the divorce process and provide the support you need.
Before you file for a divorce, you should meet California’s residency requirements. You or your spouse must have lived in the state for the past six months and three months in your current county. Once the residency conditions are met, you can consider the various divorce options, which are the following:
No-fault divorce
California is a no-fault state, meaning you or your spouse may file for a divorce without providing proof of fault or a reason for seeking divorce.
There are two possible grounds for divorce according to Family Code § 2310. The first and more common grounds available are “irreconcilable differences,” which refers to an irreversible marriage breakdown.
Irreconcilable differences refer to a person’s ability to file for divorce without the support of their spouse or evidence of misconduct. The court won’t inquire further about the reasons for your divorce if you list irreconcilable differences as your grounds.
The other grounds can be the permanent legal inability to make decisions. These grounds require a diagnosis by a physician that your spouse is incapable of making decisions for themselves due to an illness, injury, or disorder.
Uncontested divorce
When both spouses of a divorce agree on all matters related to the divorce, the divorce is said to be uncontested. Both spouses have discussed and agreed upon all divorce-related problems, such as property division, child support, custody, visitation, alimony, etc.
As soon as they file for divorce, the parties submit a divorce settlement agreement that addresses every important divorce issue. You may proceed to a final order with an uncontested divorce and bypass most court proceedings.
Contested divorce
A contested divorce occurs when the parties disagree about one or more issues. It is typically far more expensive, time-consuming, and complex than an uncontested divorce.
If you are going through a contested divorce, it will likely require more time, money, and effort to settle. Contested divorces last until the parties reach a comprehensive, final agreement. When the parties cannot reach a consensus, they can go to trial, where a judge will decide on their behalf.
Summary dissolution
Summary dissolution is a simpler option to end a marriage in California, and it becomes legally final six months after you file with the court. Besides meeting California’s residency requirements, you also must qualify for summary dissolution.
Summary dissolution is a more affordable way to get divorced and with less paperwork involved. You may qualify for it if:
- Your marriage lasted less than five years.
- You and your spouse have no children together.
- You do not own or lease real estate.
- You have less than $53,000 separately and together.
- You owe less than $7,000 together.
- You agree to the terms of your divorce.
If you qualify for summary dissolution, the process after is straightforward and not as involved as a regular divorce. There are three steps:
- Gather and share financial information with your spouse.
- You and your spouse should complete the necessary forms and write an agreement.
- Once the forms and the agreement are completed, you file them with the court and pay the filing fee.
The court will check your forms to ensure everything is in order and approve the summary dissolution.
Default divorce
A default divorce happens when the respondent does not file their response. There are two ways to finish a divorce in default.
One is when you have filed a Petition and Summons, and it’s been more than 30 days since you served your spouse, but they never filed a response. In this case, you should fill out and file the following forms:
- Proof of Service of Summons (form FL-115)
- Request to Enter Default (form FL-165)
The other way is to get a default with an agreement. If you and your spouse agree on all the decisions regarding your divorce, you may write up an agreement together. The Petitioner must then file the agreement with the court since the Respondent has defaulted.
The responding spouse does not need to file a response. The court will review the agreement and final forms to ensure nothing is missing. The judge then will sign the papers and finalize your divorce.
Mediation-based divorce
If you and your spouse disagree on the terms surrounding the divorce, you do not necessarily need to go through a contested divorce. This is especially true if you and your spouse are willing to work through your issues. You may seek the assistance of a divorce mediator.
This is referred to as mediation. The mediator is an impartial third party that can help you work through your differences and reach an agreement fair for both parties. The mediator may or may not be an attorney.
Conclusion
These are the types of divorce in California that are available to its residents. Each type is suitable based on your needs and circumstances. The types include no-fault, uncontested, contested, summary dissolution, default, and mediation.
If you need help moving forward, contact Moore Family Law Group and one of our divorce experts is available to through the process.