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Complaint Waived File For Divorce In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000264
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Word;
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FAQ
Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership.​ It's the same process to get a legal separation.
Most couples in California can be divorced in 6 months plus one day, but it all comes down to the date of service. The courts in California use the 6-month period as a cooling-off period. It provides the couple the opportunity to dismiss the divorce should they wish to reconcile and continue the marriage.
You can file forms, complete with your financial information, with your petition for dissolution. If approved, the clerk will waive or reduce your filing fees. Here are links to some state forms for an affidavit of indigency: California.
The best option for you will depend on your specific circumstances. If you are able to negotiate with your spouse and come to an agreement, that is often the best option. However, if you are unable to reach an agreement, you may need to file a motion for default judgment or hire a local attorney to help you.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
Getting a divorce takes at least 6 months. There are 4 major parts of the process and they are the same for couples who are married and for those in a domestic partnership.​ It's the same process to get a legal separation.
Getting the divorce papers formally served can take anywhere from a single day up to a few weeks. Personal service is usually fastest assuming a process server can locate and deliver summons papers quickly. Service by certified mail or publication tends to take longer. The exact timeline varies case by case.
From start to finish, the divorce process in the Golden State can take at least six months – even if both parties agree to the dissolution immediately. This length of time is due to California's divorce requirements and mandatory six-month waiting period. Contact a San Jose divorce attorney for more information.
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.