Divorce often brings to mind conflict, stress, and drawn-out court battles. However, it doesn’t have to be that way. In California, it’s possible to end your marriage amicably, avoiding many of the painful aspects often associated with divorce.
An amicable, or uncontested, divorce is not only possible but can also save both parties time, money, and emotional distress. Here’s what you need to know about achieving an amicable divorce. Contact Law Office of Michael L. Fell at 949-585-9055 for a free legal consultation.
What Is an Amicable Divorce?
An amicable divorce, also referred to as an uncontested divorce, occurs when both spouses agree on all major aspects of the separation. This includes key issues like asset division, child custody, and spousal support. The process is smoother because it eliminates the need for prolonged negotiations or court battles. Instead of hostility, an amicable divorce focuses on cooperation and mutual understanding, which makes the transition out of marriage less stressful for everyone involved.
Considering a Summary Dissolution
One of the simplest and quickest ways to divorce in California is through a process known as summary dissolution. This is an ideal option for couples who meet specific criteria and wish to avoid the traditional divorce process.
In order to qualify for summary dissolution, you and your spouse must meet all of the following conditions:
- You must have been married for less than five years.
- There are no children involved.
- Both parties agree to dissolve the marriage due to irreconcilable differences.
- There is no significant real estate involved, and neither spouse seeks spousal support.
- You share less than $4,000 in debt, and the combined value of your assets is under $25,000.
- Both spouses agree on the division of property and all terms of the separation.
If you meet these requirements, a summary dissolution can provide a faster, simpler resolution to your marriage, with less paperwork and fewer court appearances.
The Online Divorce Option
Another route to a less stressful divorce in California is through an online divorce. This option allows you to complete the process without setting foot in a courthouse, as long as your case is uncontested. Through online services, you’ll fill out a questionnaire detailing the specifics of your divorce, download the necessary forms, and sign the paperwork.
To qualify for an online divorce:
- Your divorce must be uncontested, meaning both parties are in full agreement about issues such as asset division, child custody, and spousal support.
- You must meet the residency requirements of California.
- Both spouses must be willing to sign all required documents.
Once the paperwork is complete, you’ll pay the applicable court fees and finalize your divorce without the need for in-person appearances. This method is often faster and more affordable than traditional divorce proceedings.
Key Criteria for an Uncontested Divorce
California’s no-fault divorce system means that neither spouse has to prove wrongdoing to initiate the divorce process. While this simplifies things, certain criteria still need to be met for a divorce to be considered uncontested.
To pursue an uncontested divorce, you and your spouse must:
- Agree on all issues: Both parties must agree on every aspect of the settlement, including child custody, asset division, and spousal support. There should be no unresolved disagreements.
- Disclose all assets: Both spouses are required to fully disclose their financial assets, which will be divided either equally or according to an agreed-upon plan.
- Have a written agreement: Creating a written separation agreement that outlines how assets and debts will be divided can speed up the process. This legally binding document helps ensure both parties are on the same page and can lead to a quicker resolution.
Making the Process Smoother with Legal Guidance
Even with an amicable divorce, it’s essential to have legal guidance to ensure everything is properly documented and in compliance with California law. A divorce attorney can help you draft agreements and ensure your rights are protected throughout the process.
At Law Office of Michael L. Fell, we specialize in helping couples achieve amicable divorces by offering clear legal advice and assistance. Whether you’re pursuing a summary dissolution or an uncontested divorce, we can guide you through each step of the process. Contact us at 949-585-9055 to learn more about how we can help you move forward with an amicable divorce in California.