How Quickly can a Divorce go Through in California?
In medieval times a person could only get a divorce if they were discovered to be related to their spouse, if the coupling did not result in a male baby or if adultery was involved.
When the Catholic Church denied Henry VIII an annulment, he had to effectively start his own church to leave Catherine of Aragon for Anne Boleyn.
Nowadays, you can get a divorce fairly quickly. In the state of California, your divorce may take as little as six months from start to finish.
The actual number of months it takes to get a divorce will depend on certain factors. If there are children involved in the marriage, there is a good chance it will take longer than six months. If you have a lot of expensive property, or if you own stocks or a business together, you may have a rather tough time figuring out who is entitled to what.
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Steps to Getting a Divorce
There are a number of actions any divorcing couple must take. One of you will have to fill out divorce forms and file them with the court. If you want to file for divorce in California, you will have to pay a fee of $435, and one of you must have lived in the Golden State for at least six months.
The person who did not file for divorce will then have to be served with papers. The filer must have a third party serve the papers to their spouse. The person who was served will have 30 days to file a response. If they contest the split, it will impede the celerity of the divorce.
Your divorce will then go into the discovery phase where each of you will provide your financial records and other relevant information to the court. The court will then make a temporary order as to who the kids will live with and where each of you will reside until the divorce is final.
Your attorneys will negotiate and help you reach a settlement. If you cannot reach a settlement, you may have to go to court although it is very rare in California. Once a settlement is reached, you can fill out the final paperwork.
There are a few things that you can do to make the process of your divorce as quick and painless as possible.
Make A List of Your Assets and Liabilities
Once you and your spouse decide to split, you should sit down and make a list of what you have and what you owe. Write down what each person brought with them to the marriage and what liabilities and properties were acquired during the union.
If there is a dispute over anything, you should write that down as well. The more prepared you are, the more smoothly things are likely to go.
Talk About Child Custody
If there are children involved in the marriage, you should talk about who they will live with and how often they will see the other parent. Although any child is going to be affected by a divorce, the court will want the child’s life disrupted as little as possible.
Hiring an Attorney
California is a no-fault state when it comes to divorce, but sometimes the terms of the divorce are contested. It is very important to hire a trained divorce attorney in Irvine to help you fill out paperwork and advocate for you.
An attorney will be well versed in filling out the necessary forms and they will also be able to assist you with a child support plan that the courts will accept. They can advise you of the laws that pertain to such complicated things as 401k and insurance entitlements.
If you and your spouse agree on everything, you can hire one attorney to handle the paperwork. If you and your spouse are in conflict over child support or finances, you will each want to get your own attorney.
Divorce is hard on everyone, but a well-planned uncoupling can let both parties and their children live happily ever after.
