Process

We have all heard the horror stories: “my divorce lasted longer than my marriage” or “it dragged out for years.” Thankfully, if you have minimal assets and are searching for ways to streamline your divorce process you have a few options. One way to expedite the process is to proceed by summary dissolution. Summary dissolution has the same effect as a divorce, but has several benefits that a “regular” divorce does not. Notably, it’s a quick(er) and eas(ier)y process. Oftentimes, you do not even need to appear before a Judge.

If you meet the following 9 criteria, you and your soon to be ex-spouse, should consider filing for summary dissolution.

There are three ways to end a marriage in California – you can get divorced, legally separated, or have an annulment. Only one party needs to want to end the marriage, and no agreement is necessary. California, like every other state in U.S., is a ‘no-fault’ state, which means that the party requesting the divorce does not have to prove any fault by the other in order to grant a divorce. In the old days, the spouse would usually have to show he or she was harmed by the other spouse committing adultery, abuse, fraud or abandonment. Thankfully, these days a party can simply cite ‘irreconcilable differences.’

Divorces in California are granted either on the grounds of ‘no fault’ or incurable insanity (which is extremely rare). Therefore, you do not need to worry about providing evidence of bad behavior in order to get a divorce granted. However, the behavior of the other party can have an effect on other matters, such as custody, or alimony, particularly if there is evidence of abuse on the part of the other spouse. If you have questions about the facts and circumstances of your divorce and how it might affect the outcome of your case, it is prudent to seek out the advice of a competent, licensed lawyer in your jurisdiction.

Sign up for a free subscription to read more about the finality of your options, as well as the differences between divorce, annulment, and separation.

How long does it take to get a divorce? The answer – as usual – is ‘it depends.’

First, before you can even file the paperwork, you must ensure that at least one of you is a California resident for the last 6 months, and a resident of the county where you file for the last three months. If you want to divorce quickly, do not move before you do it. California is one of the few states with a fairly long waiting period. The court expects you and your spouse to use this time to arrive at any property and custody agreements, or at least to make sure you do not have a change of heart.
Ready to move forward with that divorce, or are you having a change of heart? Read more to learn about just how long it could take.

In pro per, pro se party, in propria person, they all describe you – the self-represented litigant. First, you will need to figure out where you can file. If you are filing for a divorce, at least one of the parties has to have been a California resident for at least six months, and lived in the county where the case will be filed for the last three months. If your spouse is a California resident, but you are a New Yorker, you can still file in a California county provided your spouse has been there for the requisite time periods. If your family case involves children that do not live with you primarily, then the court will usually look to see where the child has lived continuously for the six months prior to filing – that will likely determine where the case should be filed (or in legal talk, the county with proper jurisdiction).

Sign up for a free Hello Divorce membership to learn about your next steps in the divorce process when representing yourself.

Many people change their names when they get married, but when they get divorced, some individuals wish to have their former name restored. If you would like to keep your name the same, then there is nothing you need to do during the divorce process. If, however, you would like to have your former name restored, doing so is a simple process. This article will address the steps you need to take to restore your former name before or after your divorce has been finalized. If Your Divorce Has Not Yet Been Finalized If your divorce has not yet been finalized and you want to restore your former, pre-marriage name, then you need to indicate your desire to restore your…

Help! My judge clearly has different religious or ethical views than I do. How can I get a new judge to ensure my hearing is unbiased? This can be a tricky one. There are some ways to work around this, but you’ve got to act with prudence, because you only get two (realistic) chances to get this right.

Do your homework before the petition is filed. In California, you must file for divorce in the county where you or your spouse have lived for the preceding three months. If you’ve moved out of the marital home and now find yourself living in a conservative county, whereas your spouse lives in a progressive county, that can help you decide where to file. Filing where the politics are more in your favor could help you get a judge more sensitive to your case.

And that’s just the beginning. Keep reading to find out how to get a new judge if you think your current one isn’t going to be unbiased.

Thinking about divorce mediation? Excellent idea if you and your spouse have the shared goal of uncoupling amicably or dissolving your marriage in a fair and cooperative way but have too many issues to resolve on your own.

Working with a good mediator has its perks — most notably you can cut down on attorney fees and costs, go at your own pace, keep the intimate details of your life a lot more private, and work toward an agreement that meets both of your needs (instead of relying on the court model, which is more of a zero-sum game).

Follow these six steps to feel comfortable beginning your divorce mediation.