Understanding the types of divorce possible will help prepare you for the process that you are about to undergo. There are a few types of divorce processes that exist that will result in either a quick or complicated divorce settling. Hopefully, after figuring out whichever type fits your situation, your divorce will not be drawn out too long. Even if you have no idea which path your divorce process will take just yet, it is important to get as much information in the beginning stages as possible to ensure that your are fully prepared when you meet with your divorce lawyer. You have every right to understand and know what is going on every step of the way.
The Four Types of Divorce
There are four main types of California divorce options that can be chosen: no-fault divorce, uncontested divorce, simplified divorce and limited divorce.
No-Fault divorce
California divorce law changed the way divorces could happen for estranged couples when it was decided that either partner could opt-out without have a valid reason or accusation against their spouse. Prior to the 1970s law change fault had to be found against their spouse. The fault served as the grounds for divorce, and could include such reasoning as adultery, physical or mental cruelty and desertion.
No-fault clears the requirement for fault, making it easier to opt out of a marriage. Although many states still handle fault-divorces to take in to account the wrong doings of spouses, the majority allow no-fault. In many states, even if there was misconduct by one partner, it does not matter in a no-fault case. Most couples site irreconcilable differences or incompatibility as their reason, and they do not need further detail.
Uncontested Divorce
An uncontested divorce is reached when both partners reach a mutual agreement about all aspects of their divorce. They are able to discuss and settle decisions regarding division of property, financial issues, child custody and visitation and other issues. Although uncontested divorces are generally pretty quick and simple, especially if both parties are willing, consulting a divorce attorney is still recommended. If you do not, you may give up rights you never knew you could obtain such as alimony, a division of pension benefits, income from real estate and other sources of income. It is important to understand and know all your rights when going through a divorce.
Simplified Divorce
California divorce law does allow for a simplified divorce, or summary dissolution. There are a few restrictions, but if met this is a simple way of ending a short-term marriage for couples. First, couples must file jointly under the no-fault ground of irreconcilable differences. California residency requirements must be met: papers cannot be filed unless you or your partner have lived in California for a minimum of six months, and on spouse must be a resident for the county your are filing at for at least three months.
Furthermore, you and your partner cannot be married for more than five years, nor can there be children born or adopted during the term of the marriage and you cannot be pregnant at the time of the filing. Couples cannot own real property together or owe more than $4,000 in joint debt since the date of the marriage or registration of the domestic partnership, excluding car loans; Community property cannot exceed $25,000, nor can either party have separate property worth more than $25,000. A summary dissolution also waives one spouse’s rights for financial support being granted.
Those filing for summary dissolution are asked to represent themselves in court, which means they must be fully prepared to handle the proceedings. It may be wise to consult a divorce attorney to understand all aspects of the process. The court also asks the couple to sign an agreement prior to the court appearance to divide all assets.
The process still takes six months from the initial filing to take place.
Limited Divorce
Limited divorce is similar to legal separation; this is a court supervised divorce process. Limited divorce gives the couple time to arrange division of assets and child custody issues. The couple are not allowed to live together, but the marriage is not dissolved and each person’s status remains the same.
Understanding your options will help you handle all aspects of your divorce. It is beneficial to discuss your situation with an experienced divorce attorney to help you figure out which option will be suit your circumstances.
