Achieving an Uncontested Divorce with Divorce Attorneys in Menifee

by | Dec 14, 2017 | Lawyers

In California, couples could follow a more simplified approach when filing for a divorce. Whenever possible, the laws provide shortcuts that reduce the time needed to finalize a divorce. The strategy applies to cases in which the marital estate is smaller, and children aren’t involved. Divorce attorneys in Menifee explain these advantages to petitioners.

What Are the Requirements for Summary Dissolution?

Summary dissolution is a simplified version of a divorce. The marriage is under five years, and the couple doesn’t have children. The marital estate doesn’t include any property exceeding a value of $38,000. The couple cannot have any debts together or as a result of the marriage and they must agree to waive spousal support in the divorce.

Can the Couple Create Their Own Divorce Agreement?

Yes, couples that take the time to set up their own divorce agreement could finalize the divorce faster. If they both agree, the couple files the divorce documents and waits for the judge to sign. Typically, the waiting period is around sixty days. An uncontested divorce won’t incur any additional fees or charges.

Why Should the Couple Avoid a Trial?

A divorce trial is complex and takes up to two years to conclude. The court requires an appraisal of all non-monetary assets, which increases the wait and leads to additional fees. If the couple has children, the judge could require a home study for each parent with a social worker. Couples with larger marital estates could wait the full two years before a finalization.

What Couples Qualify for an Annulment?

Grounds for an annulment include blood relations, bigamy, and a lack of consent for underage parties. Individuals with a diminished mental capacity cannot give consent for marriage. Any marriage that is based on coercion or fraud qualifies for an annulment, too.

In California, divorce cases are simplified when fewer conditions apply. Couples who just want a divorce and don’t have a large estate use a summary dissolution. The process is available if the couple meets the requirements. Couples who need to discuss their case with divorce attorneys in Menifee can contact the Law Office of Michelle Penna or browse the website for further info now.

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