What You Need to Know About Getting a Quick Divorce in California
Spouses looking to get an uncontested divorce can do so at little time and cost. Here’s how to get a cheap, quick divorce in California.
To get a cheap, quick divorce in California, spouses should agree to divorce terms in mediation, then file for divorce. After divorce paperwork is filed, the spouse should file an uncontested response or default with agreement. A judge may then sign the final divorce judgment.
Agree to Divorce Terms Before Filing
Agreeing to divorce terms before filing the initial paperwork can save spouses lots of time and money. By agreeing to the terms of the divorce before beginning the legal procedure, spouses can stay out of court and not waste time arguing in front of a judge. To shorten the divorce process, you and your spouse should agree to all issues in your divorce, including:
- Child custody and visitation terms
- Property division
- Child support
- Spousal support/alimony
If you and your spouse have settled divorce terms before filing, you won’t need to argue in court. Instead, you and your spouse can negotiate divorce terms outside of court, in mediation.
Go to Mediation
Spouses often use mediation to settle divorce terms in a fair, civil, cheap, and quick manner. In mediation, a neutral, third-party mediator sits down with both spouses and helps them reach a mutually satisfactory agreement. An experienced divorce mediator helps facilitate productive discussions between spouses to settle divorce terms quickly and collaboratively. Contact Her Lawyer to get in touch with one of our experienced divorce mediators.
Talk to An Attorney
Spouses attending mediation can still hire attorneys for legal counsel and representation. While uncontested divorces typically require little to no help from an attorney, a divorce lawyer can ensure your rights are properly protected in mediation. An attorney can both protect your rights and make sure your divorce papers, including your divorce agreement, are properly completed and filed. Contact Her Lawyer to get in touch with one of our divorce attorneys.
Complete, Review, and File the Divorce Papers
Once you and your spouse have agreed to divorce terms in mediation, fill out, review, and file the necessary divorce paperwork. Get an attorney to review your divorce paperwork and draft your divorce settlement agreement. This divorce settlement agreement will be legally enforceable once signed by a judge, so it’s crucial that it clearly and accurately states the divorce terms.
The petitioning spouse must file this necessary paperwork with their local court clerk. California courts charge a $435 filing fee to process these forms. These forms, along with more paperwork, must be served to the responding spouse.
For more information on how to file your initial divorce papers, click here.
File An Uncontested Response or Default With Agreement
Once the initial divorce paperwork has been filed with the court and served to the other spouse, the responding spouse has 30 days to give a response. Considering that you and your spouse have agreed to divorce terms before filing, the respondent should either file a contested response or default with agreement. While both options basically agree to the divorce terms requested, they have their differences.
Uncontested Response
In an uncontested divorce, the respondent legally agrees to the petition for divorce, including the divorce terms, but also maintains their right to appear and be heard in court. This does not mean that the responding spouse will need to appear in court, but rather, that they have the right to appear in court if that is required. California courts charge $435 to file an uncontested response.
A spouse may want to file an uncontested response to protect their own rights if either spouse wants to modify the divorce settlement agreement. If the responding spouse does not respond to the petitioner’s petition, they lose their right to speak in court if the petitioner decides that they wish to change the divorce settlement agreement. For more information on how to get an uncontested divorce in California, click here.
Default With Agreement
A spouse can choose not to respond to the divorce petition, and therefore agree to the divorce petition. You may want to default with agreement if you’ve reached a divorce settlement agreement, don’t want to pay another $435, and think there’s no situation in which you will see a judge. A spouse that chooses default with agreement essentially says that they agree to the terms in the divorce settlement agreement. However, if a spouse does not respond to the divorce petition, they relinquish their right to appear and speak in front of a judge, if need be.
Receive the Final Judgement
Once the responding spouse has either filed an uncontested response or agreed to the divorce petition through default with agreement, submit all necessary and final documents to a judge for approval. A judge may decree a final divorce judgment if they believe the divorce settlement agreement is fair and follows California’s divorce laws. Divorce settlement agreements are not enforceable unless signed by a judge.
Both spouses may then sign the divorce judgment, finalizing the divorce.
FAQs About Getting a Quick Divorce in California
How long does it take to get a divorce in California if both parties agree?
All California divorces take a minimum of six months from the date of filing; this includes uncontested divorces in which both spouses agree on all terms.
How long does it take to get a divorce in California?
All California divorces take at least six months from the date of filing to process. Divorces can take longer than six months, but cannot take less than six months.
How long does default divorce take in California?
In California, default divorces take at least six months. This “waiting period” ensures that you and your spouse are serious about getting a divorce.
How much does a divorce cost in California?
If you choose to not hire a divorce attorney, the minimum you will have to pay to get a divorce in California is $435. This fee is paid when you file the divorce forms with the court clerk.
How quick can a divorce be done in California?
The quickest a divorce can be done in California is six months. Default and uncontested divorces take a minimum of six months to fully process.
Where can you get a quick divorce in California?
Spouses can file their divorce paperwork with the court in a timely manner. Her Lawyer’s attorneys offer cheap, informative legal advice to spouses looking to get a quick divorce.
Contact Us
If you’re looking to get a cheap, quick divorce in California, contact us. We’ll get you in touch with the most qualified attorney or mediator for your unique legal situation. We’re here for you 24/7. Your first consultation is free.