San Diego Uncontested Divorce Lawyer
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When a couple cannot agree on the terms of their divorce, including child custody arrangements, child and spousal support payments, and property division, the divorce process can be a lengthy and costly one as it will have to be litigated in court. However, not all divorces are hostile. In fact, many couples find that they can resolve their divorces amicably, allowing them to reach a settlement in a timely manner while minimizing costs. This is called “uncontested divorce,” also known as “summary dissolution.”
- Requirements for Uncontested Divorce in California
- You and your spouse have read the Summary Dissolution booklet provided by the court clerk
- The grounds for divorce must be “irreconcilable differences”
- One spouse must be a California resident for at least six months and a resident of the county in which the divorce will be filed for at least three months
- There are less than five years between the date of the marriage and the date of the separation
- The spouses do not have unpaid debts exceeding $6,000, excluding car notes
- Neither spouse owns real property other than a lease under one year
- There are no minor children and neither spouse is pregnant
- The marital assets are worth less than $38,000 (including retirement and deferred compensation, but not including vehicles)
- The spouses have signed a settlement agreement that divides all property (assets and debts) and all documents to transfer assets according to the settlement agreement
- Neither spouse is seeking alimony
It is a good idea to ensure that you meet the requirements for an uncontested divorce before you file. A San Diego divorce lawyer at Moore, Schulman & Moore, APC can review your case and determine the best course of action for your unique situation.
Filing for Summary Dissolution in California
In order to file for a summary dissolution, you and your spouse must file a joint divorce petition including each spouse’s mailing address, whether either spouse wishes to return to his or her former name, and verifying that all conditions for summary dissolution have been met. They must also include documentation showing income, expenses, and property, including tax returns from the past two years, a declaration of disclosure, a property declaration or schedule of assets and debts, and any written information about businesses and investments either spouse has after separation which existed when the couple was still living together.
Then, you’ll need to complete a settlement agreement, including all relevant documentation (originals only) and pay a filing fee payable to the county superior court. If you meet all of the requirements, you will be granted a divorce six months after the date of your filing. There is no hearing.