Going through a divorce or separation can be unbearable. Following the emotional turmoil and anxiety, it is quite hard to restore the balance and be capable of making logical decisions. Some people, however, fail to realize it is the most crucial factor in a divorce. You don’t want to be on the wrong end of the bargain or be left with the feeling of regret and immeasurable loss. No matter the situation, you probably want to come out of a divorce with a clean conscience and an emotional calm. Therefore, the most important, primary thing is to detach yourself emotionally during the process and to keep a cool head regarding further legal action.

Every case is different, depending on the individuals involved and the type of situation. There is no some unified approach which would be an ideal fit for every situation, so to pick the right one which would match your circumstances, it is useful to know what are the various types of divorce and what are their peculiarities. Many types of divorce in California are available for any individual going to end the marriage. We will consider some of them and try to understand which of the various divorce kinds which could be suitable for you.

What are the various types of divorce in California?

California is mostly a no-fault divorce state. This means that the courts do not consider improper conduct of either spouse. You can also choose a do-it-yourself divorce which helps to save money on attorney fees. However, if your spouse is against this approach, the process will be more complicated and may yet need legal assistance. These types of divorce have their similarities and differences. Some can be applied in various circumstances, while some have their specific principle and can only be used in certain cases. The main types of divorce in California are:

No-Fault Divorce

The no-fault divorce is a type of divorce in which the spouse who files for divorce in the court does not have to prove the other spouse’s guilt. The judges do not consider the misconduct of either spouse. This approach is appropriate if the reason for a breakup is an irreparable breakdown of the marriage or irreconcilable differences between the spouses. All the US states recognize the no-fault divorces but some states would rather require that the spouses live separately for an appointed period of time prior to filing.

As at of the year August 12th 2015, the filing fee for a no-fault divorce was $200, with a $15 surcharge, and the summons costs of $5. Sending your spouse a notification which is called service of process, can cost you $30 or more if he or she lives far away.

Uncontested Divorce

An uncontested divorce commonly occurs when both parties agree on everything. They do not need the court to divide their possessions or make for them decisions concerning alimony or child support and custody. This type of divorce proceeds more quickly and it is less complicated, besides, it is inexpensive. Choosing this type of divorce, you won’t have to go through the court trials, so it will be easier for you. Uncontested divorces are generally quick and simple, and they usually run best when the spouses have a better understanding of each other, making the case shorter and more straightforward. It may be helpful to consult a divorce attorney to create a fair marital agreement and make decisions on different matters, but in the end, it is just a matter of choice. The average cost for an uncontested divorce is about $300. You can also hire an attorney to review your forms for divorce in California, and this option is cheaper than a flat uncontested divorce fee.

Contested Divorce

A contested divorce is a type of divorce whereby the spouses cannot reach an agreement regarding some terms and resolve their disputes out-of-court. In this type of divorce, the spouses have not yet agreed on one or more critical issues to finally dissolve their marriage. This is the most complicated type of divorce, which occurs in a disputable form. If the spouses fail to agree, this leads to mediation, arbitration, and litigation. An average cost of a contested divorce ranges from $15,000 to $30,000 (mostly, attorneys fees).

Summary Dissolution

In the summary dissolution, either you or your spouse must have resided in California for six months and in the county where you want to file for divorce for the last three months before you can be eligible for this type of divorce. The summary dissolution is the easiest way to end a marriage in California, however, there is a number of requirements you must meet in order to qualify for a summary dissolution. Summary dissolution is an uncontested no-fault divorce that is perfect for short marriages and uncomplicated cases. So, you must have no children and your marriage must be shorter than five years. You must not also own joint-property such as lands or real estate.  You and your spouse should agree that neither of you will receive spousal support, neither of you has more than $40,000 in separate property, there are no more than $6000 in shared debts.

Meditated Divorce

This is one of the most common divorce strategies used in California. In this type of divorce, you and your spouse, or your attorneys hire a neutral third party (divorce mediator) to meet with you to make decisions and resolve the disputed issues of your divorce. You and your spouse will work hand-in-hand with a third party that will assist in resolving the specific disagreements of your marriage. This is a voluntary and non-binding process which requires a will of each party.

In general, there are other divorce options available in California like collaborative divorce, legal separation and so forth. We have looked at the most common types of divorce in California, and now let`s find out the necessary steps to follow in filing a divorce, and learn a few facts about each of them.

How to file a divorce in California

There are plenty of easy basic steps on how to file a divorce in California. Most of these actions are outlined in the California Family Code, the California Rules of Court as well as various local regulations established by each county in California.

So, in most California uncontested divorce proceedings you have to take the following basic steps:

Prepare and File an Initial Petition

Every divorce case starts with filing the Summons FL-110 and the Petition FL-100. In addition to these standard legal forms, other local forms may be required by the county court. The Summons is a paper that informs the other party or defendant that he or she is being sued and asserts the power court to exercise jurisdiction over the case. In a divorce case, the Summons is the formal notice that the other party is being served with divorce paperwork. The Petition identifies the parties, date of the marriage, the date of separation, declares the marital and separate property, debts, and also it includes information about the children of the spouses no matter born before or during the parties’ marriage.

Serve Your Spouse

In some cases, the spouse who files for divorce may make a special application to the court to serve their partner by publication. Service by publication is allowed if the party filing for divorce does not know the whereabouts of their spouse. However, the court does not permit this process of service unless it has been shown that specific efforts were made in finding the missing spouse. So, foremost, you must try to serve your spouse with the divorce paperwork directly (with the help of sheriff’s service, or via certifies mail, private process server, etc.) and make an effort to find him or her before resorting to service by publication.

Exchange Financial Information

In California, if you are petitioning for a divorce, you are required to disclose and share financial information with your spouse. However, these disclosures are not filed with the court but the exchange of this information is required under the California statutes. If you or your spouse fails to comply with this statute properly, then there could be a judgment set aside by the court.

Sign a Martial Settlement Agreement

When the spouses reach an agreement concerning all the disputed issues of the terms of their divorce and post-divorce life, they legitimize their decisions and arrangements signing a document called the Marital Settlement Agreement. This paper allows to avoid court hearings and, therefore, to get a final divorce order quicker.

There are various additional divorce options as well, but they make sense just in specific cases depending on the individual circumstances of each couple.