Filing your Divorce does not have to be difficult or complicated, especially if the Parties are in agreement. However, there are some things you will need to consider and some information you should have before you file your Petition or Response to ensure that you do it correctly. Before taking any action, please consider the following:
For answers to these questions, legal advice, or help with filling out the correct forms please contact our office. Please remember that only a licensed attorney may legally give you legal advice.
There are a few steps to the typical Divorce process. They are the following:
The process is different for a Summary Dissolution or Summary Termination of a Domestic Partnership. To be eligible to file a Summary Dissolution or Notice of Termination all the following requirements must be met: The duration of the Marriage or Domestic Partnership has been less than 5 years; There are no children of the relationship (including adopted); Neither party is currently pregnant; Neither party owns land; the Community Property is less than $38,000; Each party's Separate Property is less than $38,000; and the total Community debt is less that $6,000 (not including vehicles.)
For more information please contact our office. If you would like to meet with an attorney, either by yourself or with your spouse, to determine which method of Divorce is best for you prior to taking legal action, please contact our office and schedule an appointment.
What is it?
It is a relatively new program intended to streamline the process of receiving the Final Judgment in a dissolution. The requirements are very narrowly tailored and only certain parties can qualify to participate in this program. Parties who qualify and complete the process will go before a Judge on the same day of their appointment to receive their Final Judgment of Dissolution or Legal Separation.
Who can Participate?
Self-represented parties who's case is located in the Downtown San Diego Family Court only. You must also be able to answer Yes to all of these questions:
The Respondent may not participate in the program without the Petitioner
Click Here to see if you qualify for the program. If you qualify, this link will ask you to provide your contact information and you will receive instruction directly from the court on how to complete the program and to schedule an appointment to process your divorce.
So, what if you and your spouse change you minds after the Petition for Dissolution is filed?
I have noticed that there appears to be information readily accessible about how to file for a divorce but little information about cancelling one.
No worries, it is actually not difficult but the process depends on the form and stage of the Dissolution. Here is a very general summary. This summary is not intended to replace the advice of a licensed attorney.
Each of these methods of stopping the Dissolution process have specific rules that apply to them and the guidance of a licensed, experienced attorney should be obtained to ensure that the process is done properly.