A divorce puts an end to a marriage and it can be quite a tumultuous time for everyone involved including the spouses, children, extended family and even friends. In order to get a divorce all you have to officially record is irreconcilable differences. It is not necessary to prove anything or to provide another reason.
California is known as a state that offers no-fault divorces. There is no guilty party in the relationship from the point of view of the court. The court is only interested in helping the partners come to some type of agreement regarding the restructuring of their lives following the divorce.
While the court may try it’s best to keep the interests of both parties in mind, it must draw its own conclusions and make many decisions that the divorcing spouses may not agree with. This is why it’s so important to go to mediation in order to try to resolve things on your own. You’ll be able to provide input and work towards a solution that works for everyone involved.
How Long Does It Take to Get a Divorce In San jose?
The minimum amount of time that it takes to get a divorce in the state of California is six months. It is not possible to get one any faster than this. On the other hand, it can take much, much longer if it is a long, drawn-out affair where one party or both parties continually take matters to court to get resolved.
The 6 month waiting period is mandatory in California. It is a law that has been put into place as a type of grace time where couples can have a chance to change their minds. Many married couples do end up getting things resolved either on their own or through mediation and decide not to divorce. Others continue on with their plans and wait the 6 months to see it finalized.
It’s always a good idea to turn in your paperwork to the court as quickly as possible. Remember that the 6 months is a minimum amount of time. The judge may approve the divorce much quicker than that but it will not be finalized for at least 6 months after the case has been started.
A Summary Dissolution versus a Divorce
There is an instance where a couple may get a summary dissolution to end the marriage. There are many different challenges to doing it this way since there are many rules and requirements that must be met in order to qualify for this dissolution. The requirements include the following:
1. Residency Requirements
One of the spouses must have resided in the county where the divorce will be filed for the previous 3 months and within the state of California for the previous 6 months.
2. Length of Marriage
You’ll have to have been married less than 5 years in order to qualify. The clock starts ticking on these 5 years from the day you were married to the separation date.
You and your spouse must not have had a child together and you cannot have adopted any children together either before or during the course of the marriage. As well, you cannot be expecting a new baby now.
4. Do Not Own Any Buildings or Land
You cannot be renting or own any buildings or land together that has a one-year lease or with an option to purchase. If you are renting a place now where you are living without these conditions, you may qualify.
5. Debt Status
There must be no community obligations, otherwise known as debts, which have been acquired since the marriage date that total more than $6000. This amount, however, does not include car loans.
6. Communal Property
As a couple you must not have acquired more than $47,000 worth of communal property during the course of the marriage. As with the debt status, you do not need to include cars in this amount.
7. Separate Property
Excluding cars, you may not own separate property with a value higher than $47,000.
8. Spousal Support
A written agreement must be signed declaring that neither spouse will receive spousal support either now or in the future.
An agreement must be submitted in writing that indicates how the property and debts will be divided including any vehicles.
As you can see above, the requirements to qualify for a summary dissolution are quite stringent. There aren’t many couples that can meet all of these requirements and they must all be met in order for the dissolution to be accepted by the court.
Now that you know that it will take at least 6 months for the divorce to be finalized, you can make your plans accordingly. There really is no use trying to work with a lawyer to try to lower this amount of time unless you qualify to get a dissolution.
Whether you think you may qualify for the summary dissolution or know that you need to go ahead and apply for a divorce, mediation is always the best way forward. We can help guide you with your planning and help you work out the best terms for the agreement. We can also help you file your papers with the courts and help you fill out all the necessary paperwork along the way.
Whether you get a divorce or a summary dissolution, you’ll want to be sure that all the paperwork is done right the first time. If it isn’t, this could possibly slow down your divorce or your dissolution. We can show you how to fill everything out properly so that it will be accepted by the court. This way you can relax and wait for the final decision to be made.
Mediation will help you not only work out agreements regarding the ending of the marriage but will also help you with your planning for the future. Talk to one of our specialists today to find out exactly what you can expect from mediation when it appears that the end of the marriage is near.