Fighting For Your Future
From property division to alimony to child custody and support, filing for divorce requires navigating various complex family law disputes. As a result, many people find the process stressful and time-consuming, even if they’re on good terms with their spouse.
At Griffith, Young & Lass, our San Marcos divorce lawyers are dedicated to helping clients identify and pursue the best possible outcome in divorce cases. To schedule a consultation with our team for your divorce, contact us online or via phone at 858-951-1526.
Types Of Divorce In California
California is a no-fault divorce state. To file for divorce in California, at least one spouse must have been a resident of the state for six months, and have lived in the county they’re filing for divorce in for three months.
There are three basic types of divorce in California:
- Default divorce. If one party (the petitioner) files for divorce and the other party (the respondent) fails to file a response within 30 days, the court can enter a default judgment on behalf of the petitioner.
- Uncontested divorce. If both parties agree on terms for their divorce, they can draft and sign a divorce agreement detailing those terms. The petitioner can use the terms of that agreement in their petition for the divorce. The respondent can either waive their right to respond, allowing the court to continue with the divorce, or file a response if they wish to change the terms of the agreement. After examining the agreement, if the court can draft a divorce decree using the terms of the agreement to finalize the divorce.
- Contested divorce. If the parties disagree on terms for their divorce, they’ll need to resolve their differences in the courtroom. After the petitioner files a petition for divorce containing their proposed terms and serves it to the respondent, the respondent can file a response detailing their terms for the divorce. The parties can then attend temporary order hearings to determine how processes such as custody are handled while the divorce is ongoing. Eventually, a contested divorce culminates in a trial where the parties can present evidence and witnesses. The court can use the results of that trial to draft a divorce decree and finalize the divorce using terms the judge presiding over the case considers equitable.
Whether you intend to file for a contested or uncontested divorce, you and your spouse will both need to meet certain requirements, such as disclosing all separate and marital assets and liabilities you own to the court.
Generally, uncontested divorces are less expensive and take less time to resolve. For this reason, many people attempt to use forms of alternative dispute resolution, such as mediation, to obtain an uncontested divorce.
However, sometimes, the additional protections provided by having a court watch over the divorce process are appreciated.
No matter how you want to move forward with your divorce, we can help. Our San Marcos divorce attorneys are here to ensure you find the best path forward in your divorce, regardless of your desired outcome.