Divorce doesn’t always have to be long, expensive, or difficult. It can be done cheap and easy, as long as it’s mutually desired and both parties are on talking terms. The best way to go about it is to make sure you discuss and agree on any issues that need to be resolved.
Issues to Consider
Here is a list of things to consider: Child Custody, Visitation, Debt, Distribution of Property, Spousal Support, and Child Support.
Divorce by Default
IF you can mutually agree on these issues and get it in writing, then you can file a divorce via default. What does this mean? This means a divorce is obtained when one party never appears in the case. Let me clarify.
Typically a divorce case is opened when you file the Dissolution paperwork. At the time of filing you are required to pay a filing fee of $435. Then you have to serve the Dissolution paperwork on your ex-spouse. Your ex-spouse will have to file a Response with a $435 filing fee as well. Then you can request various hearings from the Court to resolve the various issues of a divorce.
Divorce By Default
With a divorce by default, you have to file the Dissolution paperwork, pay the filing fee, and serve your ex-spouse. However, instead of having your ex-spouse respond, you have him sign and notarize an agreement resolving all the issues already. Then file a default against your ex-spouse and a Judgment for Dissolution with the Agreement attached. So long as all the paperwork is accurate, you’ll receive your filed judgment paperwork in the mail without ever having to go to court!
Note: In California, you are required to wait six months before a divorce is finalized.
Disclaimer: Divorce requires specific paperwork to be filed with the Court and often there are several various boxes that are required to be checked. If the paperwork is not done correctly, it could significantly delay your divorce. We strongly recommend you either hire an attorney to assist you or visit the court and have the legal aid society go over your paperwork to ensure it is correctly filled out.