Divorce is an unpleasant process that involves a lot of emotions on both sides. In California, a divorce can fall into one of three categories: 1. You and your spouse agree on all terms of the divorce, have no children, and were married for less than five years; 2. Your spouse agrees to all terms of your divorce, legal separation or annulment; 3. Your spouse does not agree to all terms of your divorce, legal separation or annulment; Based on those three categories, there are several ways to get a divorce in California.

Easiest Divorce

A summary dissolution is the quickest and easiest way to get a divorce and allows both parties to move on with their lives as soon as possible, and you do not need to speak to a judge or hire an attorney. To quality, you need to have no children together, be married less than five years, not own too much property together, not owe too much money in debt and have no disagreements about how to divide what you do owe and own. The form is titled FL-800 and can be downloaded from the California courts website and filed with your local clerk of courts.

Uncontested Divorce

If you have children or have been married for more than five years, then you cannot obtain a summary dissolution but instead will have to go through full divorce proceedings. However, if both spouses agree to the terms of the divorce, than the process is somewhat easier. This type of divorce is called uncontested. Most of this can be handled by mail or only brief contacts with a judge. You will need to file forms FL-100, which lists your debt, children and property, and FL-110, which is a summons for your spouse. If you have children, you will also need file form FL-105, which says where the children are currently and how visitation rights will be handled. Next you will need to serve divorce papers to your spouse. You cannot do this personally and instead must have a family member or a process server do this for you. Next you will file form FL-140, which is a disclosure form that will also be served to your spouse. If your spouse does not file a response, then you will file form FL-165, which requests the judge enter a default settlement in the case. Finally, if your spouse continues not to contest anything, the final form is FL-170, which will give you a judgment by mail.

Contested Divorce

If your spouse and you cannot agree on one or more issue, you will have a contested case. The case becomes complicated and you will need to hire an attorney. The attorney will take care of filing all the forms. As part of a contested case, you will have to go in front of the judge several times and also go through mediation processes for financials and children. This type of divorce is also the most costly and time-consuming. Review the list of divorce attorneys in your county in California and meet with several until you feel comfortable with one.

Source:

California Court: Help with a Contested Case

California Court: Forms for a Summary Dissolution

California Courts: Forms You Will Need to Start Your Divorce

More Information:

California lawyers