An amicable divorce may seem impossible when you ultimately decide you can no longer stay with your partner. Often, divorce is thought to be a painful, infuriating, lengthy, and deeply personal event in someone’s life. The thought of a divorce going smoothly with minimal embarrassment or conflict may not even be a consideration, but it happens. Depending on your case, you may want to know how to divorce amicably in California.
An amicable divorce, also called an uncontested divorce, is the preferred outcome in most divorce cases. After all, both spouses would likely rather end things with a handshake and an agreed-upon list rather than insults and threats. Getting divorced in California is possible through a number of avenues, all of which come with their own ups and downs.
Understanding all of your options before pursuing divorce is important. Some are cheaper, some are easier, and some may call for the advice of a divorce lawyer before pursuing. Here are some options for amicable divorce procedures in California:
California is a no-fault state, which means that neither spouse needs a reason to initiate divorce proceedings. Regardless of what caused the need to divorce, it will not impact the divorce. In order for a divorce to be fully uncontested, it must meet certain criteria as well:
It can be hard to tell how long a divorce will take in California, even an amicable one. Every divorce has different circumstances unique to the situation, and factors may present themselves deep into proceedings that could impact the time it can take to settle. Generally, an amicable divorce can take around six months to fully finalize, but that’s not a guarantee that yours will take that long. It could take more time or less. It depends on the case.
The first thing you should do when you and your spouse decide to separate is to talk to a divorce lawyer. Even if this separation is intended to make both spouses reconsider what they want, and divorce may not be the goal at that moment, you should still start speaking with prospective lawyers who can give you the right kind of advice for the future. You should know the divorce laws and how they will affect you.
Since California is a community property state, each spouse is entitled to half of the assets accrued during the marriage, as well as 40% of the higher-earning spouse’s income in potential spousal support and shared custody of any children. It depends on the case, as well as whether the divorce was uncontested and there was a signed agreement of asset division in place. If there was no agreement, the court may decide to split everything down the middle.
There is no easy answer. Every divorce is different, just like every marriage is different. Nobody enters into a marriage intending to get divorced. When it looks like things are headed in that direction, the most effective way to end things gracefully is to be communicative, honest, compassionate, and empathetic toward your spouse. They may be going through similar emotions, even if they are the ones who started divorce proceedings.
Divorcing amicably is not easy. Divorce can be an inherently painful, difficult, and spiteful process that is known to break hearts, hurt families, and leave some people worse off than they were. However, every divorce case is different. Divorcing amicably is possible as long as you have a mutual understanding, respect for your spouse, and a written agreement. A divorce lawyer can assist you in reaching that point.
The legal team at the Edgar & Dow understands the kind of help you need. We can provide you with legal assistance throughout your divorce, as well as prepare you for any deadlines, help draft agreements, and protect your interests throughout the process. Contact us to schedule a consultation with a valued team member today.
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