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The Main Types of Divorces in California

A Divorce is an emotionally demanding legal case. However, most people do not know what the process usually involves. The thing is, that there are actually different types of divorces, and each one comes with its own set of challenges and factors to take into account. The goal should always be to get things moving as smoothly as possible, and our team of professionals is ready to help you out do just that.

What is a Divorce?

When a couple separates, it results in a breaking of their marriage bond, thus making both parties able to marry any other person (provided the union is legal in the state of California). Divorce implies that the two parties lose the obligations and rights that come with being married. Divorce does not exempt either party from their responsibilities to their children.

One thing that is required in order to execute the total breakdown of the marriage bond, is that three months have passed since the marriage took place. These days, a divorce can be requested either with the consent of both parties or unilaterally, by one of the people involved, without the approval of the other person.

Mutual Consent Divorce

The shared agreement divorce is the type of divorce that occurs when both parties want to end their marriage. This is the shortest, simplest, and most economical divorce procedure, as there is not even need for a judgment to be granted for the case.

To carry out this process, both spouses must make a written request for divorce to the court. They must make sure that they have been married for at least three months, and make it clear that it is their desire to dissociate themselves from their marriage through a regulation agreement. That way, it can be later ratified by a judge. It is also mandatory to draw up a regulatory agreement that establishes the means of distribution after termination.

Contested Divorce

This type of divorce occurs when one of the parties wishes to sever the union without the consent of the other. As such, it is mandatory to file a contentious claim through the courts. Since there is no type of agreement between the two spouses, there will not be a regulation agreement and it will be the judge who determines the specifications of the legal procedure.

This lawsuit must be filed by one of the parties, and it must include a verification of the birth of the children (if any), a marriage certificate, and all of the documents that verify the economic situation of both parties. As in any other type of divorce, it is also a requirement to have at least three months of marriage before making a claim for divorce.

Are You Considering Divorce in California?

If you want to start a divorce process, or you are in the middle of one and want legal assistance, it is best that you seek a professional. Here at SAC Attorneys LLP, our team of family law attorneys can help you throughout the process of ending your marriage. To learn more, please do not hesitate to contact us to schedule a free, no-risk case evaluation.

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