An uncontested divorce is generally the fastest, easiest and most affordable way to end your marriage. To qualify as uncontested, you must be able to resolve all outstanding issues. This means that you and your spouse must agree as to how marital assets will be divided as well as have a child support or alimony agreement in place if necessary.
What to know before filing paperwork
California law requires you or your spouse to be a resident of the state for at least six months prior to filing for divorce there. Either of you must also have been a resident of the county where proceedings take place for at least three months prior to filing. It’s worth noting that you will likely be able to file for separation at any point after moving to the state. The divorce proceeding can then move forward after meeting residency requirements.
What to know about mediation
The mediation process is considered to be a collaborative as opposed to an adversarial process. A neutral third party works with you and your spouse to facilitate a conversation that is free of judgment or other types of harassment. Mediation may be necessary to come to terms on all parts of a divorce settlement or just certain issues that are proving especially difficult to resolve.
A judge will need to approve the agreement
While a divorce settlement can be reached outside of court, a judge will need to approve it. A judge will also have to approve a child support or custody agreement before it can take effect. This helps to ensure that the terms of the deal preserve the best interests of the child. However, it’s unlikely that the terms of a settlement will be changed assuming that it’s structured properly.
Ideally, you’ll start preparing for the divorce process long before you submit any paperwork. This will help to ensure that you have financial records, deeds and other documents that you might need to get everything that you might be entitled to under state law.
