How To File for Divorce in California When Both Parties Agree?

Though a marriage dissolution can be difficult to go through, not all divorces have to be contentious. California affords couples who agree to file for divorce various ways to resolve a separation amicably. If you are wondering how to file for divorce in California when both parties agree, the answer is simpler than you might think.

Steps for Filing for Divorce in California

The marriage dissolution process in California involves various steps, which are all necessary to officially divorce. These steps are as follows:

• Meet Residency Requirements: Either of the spouses must meet the residency requirement to divorce in California to file for divorce. They must have lived at least six months in the state and at least three months in the county they are filing in.
• File for Divorce in Your County Court: A spouse can initiate the divorce process by filing a divorce petition on their own through the county court. Spouses can also file a joint divorce petition or summary dissolution.
• Serve Your Spouse: When one spouse files for divorce on their own, they must serve the notice of divorce (summons) to the other spouse. The responding spouse has a specific amount of time to respond.
• Agree on a Separation Settlement: Both spouses provide their financial information and negotiate a divorce settlement with details on property division, a parenting plan, and any agreed-upon child and spousal support terms. In some cases, the husband may have to support his wife during separation, depending on the circumstances, including the length of the marriage and financial needs.
• Final Divorce Judgement: When both spouses agree on divorce terms, a family court judge reviews the settlement and signs the final divorce judgment. If the respondent spouse fails to participate in the divorce process, a judge may decide on the details of the divorce settlement without the respondent spouse’s input. A divorce lawyer can help ensure that the process runs smoothly and that your rights are protected throughout the proceedings.

How To File for Divorce in California When Both Parties Agree

As a no-fault divorce state, California makes it possible for either spouse to petition for and receive a divorce judgment. When both parties of a divorce are not on the same page, however, this makes the process much more lengthy.

If you and your soon-to-be ex-spouse have agreed to divorce, there are several ways you can ensure the process concludes as quickly and favorably as possible.

Summary Dissolution

Deciding to jointly file for divorce allows both you and your partner to discuss the terms of your divorce from the start.

You can petition for a summary dissolution when your marriage lasts less than five years, you do not share any minor children, the marital properties and debts are minimal, and neither spouse is requesting spousal support.

Collaborative Divorce

Collaborative divorce can be a tool for couples who have been married for a long time and need help to reach an agreement on the division of marital assets and child custody rights.

During this process, each party engages the legal counsel of a knowledgeable divorce attorney and the help of professionals who can advise them on their financial and child custody issues if necessary.

Mediation

Mediation is another option for spouses who agree to divorce but are unable to reach an agreement. During the mediation process, a neutral third party, typically a family law attorney, assists both parties in reaching an agreement on the terms of their separation. If circumstances change after the divorce, a divorce modifications lawyer can help modify the terms of the divorce, such as child support, spousal support, or custody arrangements.

Though the general divorce process is similar regardless of whether couples agree or disagree, going through an amicable divorce through the various avenues mentioned above makes the divorce process much simpler for all involved.

Divorces Can Sometimes Turn Contentious

Agreeing to file for divorce does not always mean that both parties agree on all aspects of their separation. Some of the issues that can make a divorce contentious include:

• Disagreement regarding the division of marital assets, including what constitutes community property.
• Failure to reach an adequate child custody arrangement that affords both parents their rights regarding spending time with their child and legal and physical custody.
• Disputes over whether either spouse is entitled to spousal support and how much child support one of the parents should pay the other.

When there are minor children or when a marriage dissolution involves the separation of substantial marital assets, it is highly recommended that both parties obtain the assistance of a skilled family law attorney who can help facilitate all aspects of the divorce process.

FAQs

How Long Does It Take to Get a Divorce in California if Both Parties Agree?

In California, if both parties agree on all terms of the divorce, the process will still take at least six months to finalize. This is the required waiting period before a final divorce judgment can be rendered. Additionally, if neither spouse meets the minimum residency requirements, the divorce could take longer.

Who Loses the Most in a Divorce?

There is no way to assess who the winner or loser in a divorce is. When it comes to financial property, as a community property state, California law provides that marital assets and debts are to be divided between both spouses by default. If one spouse has a higher income, they may also be required to pay spousal support to the other spouse if requested.

What Is the First Step in Filing for Divorce in California?

The first step in filing for a divorce in California is determining if you are eligible to file in the state and in your county. Once residency requirements are met, either spouse can file a petition for divorce in their county court. A lawyer can assist with the process if needed.

Is It Better to Be the One Who Files for Divorce?

Being the one who files for divorce does not give you a substantial advantage over the other spouse. However, if the respondent spouse fails to respond to the summons, the divorce court may only take into consideration the information provided by the petitioning spouse. Whatever you requested in the divorce settlement may be awarded to you if your spouse does not respond.

Get Free Legal Consultation for Divorce Cases

The divorce process in California is straightforward. By following a series of steps and cooperating with your spouse to come up with a divorce agreement, you may be able to dissolve your marriage in the most optimal way possible.

Marriage dissolution can become contentious if both parties are unable to agree on the terms of the divorce. In this case, it is a good idea to have a seasoned divorce attorney by your side who can provide you with the adequate legal counsel and representation you deserve.

The legal team at Law Offices of Michelanne Hrubic provides dedicated legal support to clients going through a divorce involving child custody or marital property disputes. Schedule a consultation today to learn more about how we can help.