Separation is often the first step to divorce, what actions to pursue next are commonly at the forefront of one’s mind after deciding to divorce a spouse. Here is everything you need to know about divorce after separation.
The Benefits of Separating Before Divorce
Having time separated from a spouse one intends on divorcing can allocate for better judgment calls on how to divide custody of children and can give a couple more time to claim their marital property. Without the time limitations characteristic of a divorce, there is less stress to tackle the necessary details in preparing for a divorce.
Related: Are Divorce Records Public And Can They Be Found Online?
Divorcing a Spouse
The two different types of divorces available through California courts are divorce litigation and summary divorce. Deciding which type of divorce to obtain varies on a case-by-case basis.
Divorce Litigation- Generally if spouses are unable to make an agreement without going to court, divorce litigation is used. The judge aids in making agreements for couples that otherwise would be unable to reach a compromise.
Summary Divorce- Summary divorce rarely involves court time and requires the following:
- Less than five years of marriage
- Having no children together before/during the marriage
- Do not own or rent land/buildings
- Owes less than $6,000 in debt gained during the time frame of the marriage, not including cars
- Owns less than $4,500 worth of property gained during the marriage, not including cars
- Does not own separate property worth more than $45,000, not including cars
- Agreement that neither spouse will receive spousal support
- Both spouses have signed an agreement that divides property and debt
Once all these requirements are met, the couple must file for the divorce jointly. Minimal paperwork is required for the couple to fill out and sign. The summary divorce is then completed once the judge issues the final divorce papers.
Related: Contested and Uncontested Divorce: The Difference
Steps to Filing For Divorce
1. Fill out court forms.
- Petition (Marriage/Domestic Partnership), Form FL-100- Provides general information to the court about the marriage.
- Summons (Family law), Form FL-110- Contains valuable information on the process of divorcing and prohibits actions that could slow the divorce process.
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act, Form FL-105/GC120- Applicable if there are children who are minors involved in the process.
- Child Custody and Visitation Application, Form FL3111
2. Hire a lawyer and have them review the forms.
- Lawyers help prevent mistakes and ensure the process continues smoothly.
3. Make copies of the forms.
- Prior to going to court, make two copies of the forms. The original copy of the forms goes to the court while one copy is for the petitioner and the other is for the respondent.
4. File with the Court.
- Serve the documents to the court clerk.
5. Serve the forms.
- The first set of forms must be served to the respondent by someone other than the server who is over the age of 18.
- The forms served must include the following: a copy of all documents, a blank response marriage/domestic partnership form, in case children are involved, a blank declaration under the Uniform Child Custody Jurisdiction and Enforcement Act.
6. The divorce has been successfully filed and the respondent has thirty days to respond.
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If you or a loved one would like to learn more about divorce after separation, get your free consultation with one of our divorce attorneys today!