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California No-Fault Agreed Uncontested Divorce Package for Dissolution...

San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Category:

Family Law - Divorce - No Children

State:

California

County:

San Diego

Control #:

CA-008-D

Format:

Instant download

Description

This No-Fault Agreed Uncontested Divorce Package specifically designed for Persons without Children and with or without Property and/or Debts includes (1) Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to Divorce Law Summary for your State. The forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce.

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How to fill out California No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

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FAQ

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To file for a divorce in Louisiana, you must meet the residency requirements, which typically involve living in the state for at least six months before filing. You will need to demonstrate grounds for divorce, such as irreconcilable differences. The San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts provides a straightforward option for those looking for an easy resolution without lengthy proceedings.

The process for obtaining an uncontested divorce in California can be relatively quick, particularly if you are using the San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts. Generally, after filing your papers, the court may take about six months to finalize your divorce. However, this duration can vary depending on the court's workload and your specific circumstances. To expedite your divorce process, utilize streamlined resources like uslegalforms to ensure all paperwork is correctly prepared and submitted.

Writing an uncontested divorce agreement involves outlining all terms to which both parties have agreed, including division of property and debts. Using the San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, you will find templates and guidance for creating a fair and comprehensive agreement. Be sure to include specific details to avoid misunderstandings in the future.

For an uncontested divorce in California, the main forms you will fill out include the Petition for Dissolution of Marriage and the Judgment. The San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts includes all these essential forms. Completing these correctly is essential to ensure a quick and efficient divorce process.

You do not necessarily need a lawyer to get divorced in California, particularly if you and your spouse agree on all terms. The San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts is designed for individuals who want to navigate the divorce process without legal representation. However, consulting a lawyer can be beneficial if you have complex issues or concerns.

Yes, you can obtain a divorce without going to court in California, especially if you choose an uncontested divorce process. By utilizing the San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts, you can file the necessary paperwork in a straightforward manner. This package allows you to finalize your divorce peacefully and without the stress of a court appearance.

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California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - California

Notes: This summary is not intended to be an all inclusive summary of the law in California but does contain basic and other provisions.

Grounds

A divorce in the State of California is called a dissolution of marriage. California law allows for dissolution of marriage based upon irreconcilable differences and incurable insanity. Irreconcilable differences are statutorily defined as those differences determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. For a decree of dissolution of marriage to be granted based upon incurable insanity, proof must be presented to the court that at the time the petition was filed, the insane spouse was, and still is, incurably insane. 2310

Residency Requirements

At least one of the parties to the dissolution action in California must have been a resident of the state for at least six months prior to the filing of the action and a resident of the county in which the action is filed for at least three months prior to the action being filed. 2320

Name of court and title of action/parties

An action for dissolution of marriage in the State of California is filed in Superior Court. The title of the action initiating the dissolution is a Petition for Dissolution of Marriage, while the title of the action granting the dissolution is referred to as a Final Judgment of Dissolution of Marriage. The party who initiates the proceeding is called the Petitioner, while the other party is referred to as the Responent.

Waiting Period

No judgement of divorce is final until six months have elapsed from the date the the respondent was served with a copy of the summons and petition or the date of appearance of the respondent, whichever comes first.

Reconcilliation Continuance

If upon filing of the divorce action it appears that there is a reasonable chance that the parties may reconcile, the court shall order a continuance of the proceeding for a period not to exceed thirty days.

Summary Dissolution of Marriage

A summary dissolution of marriage proceeding is begun by the filing of a joint petition signed by both the husband and wife stating that all of the requirements for summary dissolution have been met, providing the mailing address of both husband and wife, and a statement of whether or not the wife desires to have her former name restored.

To qualify for a summary dissolution, all of the following conditions must exist at the time of filing:

1. At least one of the parties to the action must have been a resident of the state for six months prior to filing for divorce, and a resident of the county in which the action is filed for three months prior to the filing of divorce.
2. Irreconcilable differences have cause an irremedial breakdown of the marriage and the marriage should be dissolved.
3. The parties to the action have no children born prior to or during the marriage, have not adopted any children during the marriage, and the wife, to her knowledge, is not pregnant.
4. At the time the petition is filed, the marriage is not more than five years in duration.
5. Neither party has any interest in any real property, wherever situated, with the exception of a lease of residence, which must terminate within one year of the date of filing of the petition and must not include an option to purchase.
6. There may not be more than four thousand dollars ($4,000) in upaid obligations incurred by either or both spouses after the date of marriage, excluding amounts owed for automobiles.
7.(a)The total fair market value of the community property assets is less than twenty-five thousand dollars ($25,000), excluding all encumbrances and automobiles and including any deferred compensation/retirement plans, and;
(b)neither party has separate property assets in excess of twenty-five thousand dollars ($25,000), excluding all encumbrances and automobiles.
8. The parties have executed an agreement setting forth the division of assets and liabilities and have executed all documents necessary to effectuate the agreement.
9. The parties waive any right to spousal support.
10. The parties, upon entry of judgment of divorce, irrevocably waive their rights to appeal and for a new trial.
11. The parties have read and understand the summary dissolution of marriage brochure provided by the county clerk.
12. The parties desire that the court dissolve their marriage.

Legal separation

A judgment of legal separation may be obtained in the State of California on the same grounds as those permitted for an action of dissolution of marriage.

Alimony

The courts in the State of California may award support to either spouse, without regard to marital misconduct. The goal in awarding spousal support is to help the spouse receiving alimony to become self-supporting within a reasonable time. Generally, the courts consider one-half the length of the marriage to be a reasonable time for a spouse to become self-supporting. Factors the court will consider in determining the length and amount of an award of spousal support include:

1. The marketable skills of the supported spouse;
2. The extent to which the supported spouse's present or future earning capacity has been impaired due to duties of the marriage;
3. The extent that the supported spouse contributed to the earning capacity of the supporting spouse;
4. The ability of the supporting spouse to pay;
5. The needs of each party;
6. The obligations and assets of each party;
7. The duration of the marriage;
8. The age and health of the parties;
9. Any other factors the court deems are equitable and just.

Distribution of property

The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property aquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is separate property. 2550

Child custody

The court will determine the issue of custody based upon the best interests of the child. In determining the best interests of the child, the courts will consider the following:

1. The health, safety and welfare of the child;
2. Any history of abuse by a parent;
3. The nature and amount of contact by both parents;
4. Any history of substance abuse;
5. The wishes of the child.

There is a presumption that joint custody is in the best interests of the child. If the court awards joint custody, the court shall specify the rights of each parent to physical control of the child. The court shall grant reasonable visitation to the non-custodial parent unless it can be shown that such visitation is not in the child's best interests. Each parent shall also have equal access to records of the child, including, but not limited to, medical, dental, and schooling. 3011

Mediation

If it appears on the face of the petition that custody is a contested issue, the court shall order mediation to assist the parties in settlement of those contested issues, and to assist in the development of an agreement that assures the child of close and continuing contact with each parent. 3170

Child support

Either or both parties may be ordered to pay an amount reasonable and necessary for the support of any minor children of the marriage. The State of California has enacted child support guidelines which establish the presumptive correct amount of child support due. Deviation from the guidelines requires the court to state in writing why the application of the guidelines would be unreasonable or unjust, and:

1. The amount of support that would have been ordered under the guidelines;
2. The reasons for the deviation;
3. The reasons the support ordered is in the bests interests of the child. 4056

Name change

Upon request in a proceeding for dissolution of marriage, the court may restore a party to their former or birth name. 2080

California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - California

Notes: This summary is not intended to be an all inclusive summary of the law in California but does contain basic and other provisions.

Grounds

Residency Requirements

Name of court and title of action/parties

Waiting Period

Reconcilliation Continuance

Summary Dissolution of Marriage

To qualify for a summary dissolution, all of the following conditions must exist at the time of filing:

Legal separation

A judgment of legal separation may be obtained in the State of California on the same grounds as those permitted for an action of dissolution of marriage.

Alimony

Distribution of property

Child custody

The court will determine the issue of custody based upon the best interests of the child. In determining the best interests of the child, the courts will consider the following:

Mediation

Child support

1. The amount of support that would have been ordered under the guidelines;
2. The reasons for the deviation;
3. The reasons the support ordered is in the bests interests of the child. 4056

Name change

Upon request in a proceeding for dissolution of marriage, the court may restore a party to their former or birth name. 2080

San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Description

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How to fill out California No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Form popularity

FAQ

Can you get divorce without going to court?

How to get financial help with divorce?

What is the best online divorce service?

What are the requirements for divorce in Louisiana?

How fast can you get an uncontested divorce in California?

How do I write an uncontested divorce agreement?

What forms to fill out for uncontested divorce in California?

Do you need a lawyer to get divorced in California?

Can I get a divorce without going to court?

Who can help me fill out my divorce papers?

Interesting Questions

What is a No-Fault Agreed Uncontested Divorce?

What is the purpose of the San Diego California No-Fault Agreed Uncontested Divorce Package?

What does 'No-Fault' mean in the context of divorce?

Who is eligible for the San Diego California No-Fault Agreed Uncontested Divorce Package?

What documents are included in the San Diego California No-Fault Agreed Uncontested Divorce Package?

How long does the San Diego California No-Fault Agreed Uncontested Divorce process take?

Trusted and secure by over 3 million people of the world’s leading companies

San Diego California No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Description

Related forms

Related legal definitions

Viewed forms

How to fill out California No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Form popularity

FAQ

Can you get divorce without going to court?

How to get financial help with divorce?

What is the best online divorce service?

What are the requirements for divorce in Louisiana?

How fast can you get an uncontested divorce in California?

How do I write an uncontested divorce agreement?

What forms to fill out for uncontested divorce in California?

Do you need a lawyer to get divorced in California?

Can I get a divorce without going to court?

Who can help me fill out my divorce papers?