| There is no legal process
that relieves all the stress, part and parcel to dissolving
a marriage. However, in an effort to lessen conflict,
California was the first state to enact a no-fault divorce
law. In no-fault divorce, no blame is placed on either
spouse for the marriage breakdown.
Based on the following grounds either spouse can request
a divorce:
1) Irreconcilable differences that have caused the
irremediable breakdown of the marriage, or
2) Incurable insanity.
While some divorces are simple and others are more
complex, all divorce proceedings begin with a petition
that one spouse serves to the other. In California ,
after the petition is served, the earliest a court can
finalize the divorce is six months. Of course, if aspects
of the divorce are contested, it may take longer to
dissolve the marriage. The final judgment is the last
step in the legal process, finalizing the divorce. The
judgment rendered resolves property, child custody,
spousal, and child support as well as visitation issues.
When a couple can reach a basic understanding and agreement,
an experienced attorney is able to resolve their divorce
easily and relatively inexpensively. An attorney or
a mediator can also help negotiate a settlement, if
only a few minor details stand in the way of resolving
the divorce. Unfortunately, when both parties are uncompromising
and no agreement is possible, litigation may be the
only alternative. Going to trial is not only expensive,
but often a stressful route to resolution.
In a simple, uncontested divorce, many people may be
capable of filing for divorce themselves. It’s necessary
to follow exact procedures in filling out the required
forms and drafting the judgment, otherwise the court
may not finalize your divorce. However, there is information
available online, at local bookstores and through courthouse
family facilitators to assist you in performing your
own divorce.
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