Do you and your spouse agree that it is time to end the marriage? Once you have come to that decision, it’s easier on everyone involved if you’re able to resolve the legal matters quickly and move on. The amount of time to divorce depends on many factors including, but not limited, to whether both spouses are amicable or not, the complexity of your marital assets and debts, parties work history and whether or not you have children. Divorce is a process that requires a professional to guide you through all the aspects involved.
If you live in the state of California, it is possible to get a fast and easy divorce if you and your spouse are willing to mediate. This requires that you can easily agree on most, if not all terms. This is referred to as an uncontested divorce and is the fastest divorce option in California. If there are no children, you don’t own a house together, and both parties simply want to walk away with what they came into the marriage with, an uncontested divorce is your best option.
Regardless of how quickly you get through the legalities, CA has a mandatory six-month waiting period between the date of filing and when the divorce is considered finalized. But compared to a litigated divorce, which can take one year to three years, six months is fast.
Your Divorce May be More Complicated than You Realize
Getting divorced with kids involved can present a more challenging situation. Often couples come to an agreement regarding division of assets and debts but deciding on issues that involve your children has an emotional component which can make it harder to agree to custody and holiday schedules, and other issues. An experienced family law attorney can provide guidance as to how a judge might rule in issues involving children and advise as to what has worked for other couples in similar situations. Mediating these issues gives you control over the outcome rather than placing that outcome in the hands of a judge.
How fast you can get divorced also depends on whether or not you have acquired assets during the marriage. Owning a house and other investments together means you will need to determine how to split those assets between you both. Coming to terms that satisfy both spouses can be a difficult endeavor. The same can be said for any businesses that you’ve started in the years you’ve been married. But if you and your spouse can keep an open mind and agree to work through these issues together, you’ll find it is not only cheaper to use an attorney to mediate, but often saves you time.
Is Now the Right Time?
California is a no-fault state, which means there are no set parameters around reasons for getting divorced. Deciding to dissolve your marriage is considered a personal choice. Still, many people stay in unhappy marriages because they feel stuck or they are afraid of what other people will think. These are some of the worst reasons to stay married.
If you want more information about fast divorce options, please contact the Orange County divorce attorneys at Buncher Family Law. We can help explain the process and answer any questions you may have.