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California Uncontested Divorce Online  


Uncontested Divorce Online


Before you start completing your uncontested divorce forms with us, please read all the requirements for California divorce. Make sure that your situation matches all the requirements. Uncontested Divorce Forms Online


Requirements for California divorce

In California you may file your divorce by faxing the documents to the courthouse. No appearance in court will ever be necessary.
You may also mail the documents or take them to the courthouse in person.
General Divorce Procedure:
A marriage of 5 years or less may be dissolved by summary action. Either spouse may file a joint Petition for Summary Dissolution of marriage if the spouse has met the residency requirements for a standard dissolution of marriage, and:
   1) there is an irreparable breakdown of the marriage due to irreconcilable differences;
   2) there are no children born of or adopted during the marriage;
   3) the wife is not pregnant;
   4) neither spouse owns real estate;
   5) there are no unpaid debts exceeding $4000 incurred during the marriage;
   6) the total value of community property (including any differed compensation or retirement plans but excluding cars and loans) is less then $25000;
   7) neither spouse has separate property (excluding cars and loans) exceeding $25000 in value on January 1 of every odd-numbered year, the dollar amounts in this section may be revised;
   8) the spouses have signed an agreement regarding the division of their assets and their liabilities and have signed any documents or given proof of any transfers necessary to effectuate an agreement;
   9) the spouses waive any rights to spousal support (maintenance);
   10) the spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment;
   11) the spouses have read and understood the summary dissolution of marriage brochure available from the County Clerk;
   12) both spouses want the marriage to be dissolved. Official mandatory and optional forms for filing for a summary Dissolution of marriage are available from the County Clerk of any county.

Uncontested Divorce Forms Online
Residence Requirements:
In California you may file your divorce if you have been a resident for 6 months and a resident for 3 months in the county in which he or she is filing. There is a 6-month waiting period after the service of process of the appearance by the other spouse before the court finalizes the dissolution of marriage.

Grounds for California Divorce:
The no-fault ground for divorce is irreconcilable differences that have caused the irreparable breakdown of the marriage.
The fault-based ground is incurable insanity.
Legal Separation:
To obtain a legal separation in CA, the legal separation must be grounded on irreconcilable differences or incurable insanity.
Mediation or Counseling:
If the court concludes there is a reasonable possibility of reconciliation in a no-fault case, the proceeding will be delayed for 30 days. If there is no reconciliation, either spouse can request legal separation or dissolution of marriage.
Where to file for divorce:
In the county of the filing spouse; the spouse must have resided in the county for 3 months.
Title of Divorce action:
Petition for dissolution of marriage.
Rights to Maiden Name:
The former or maiden name may be restored at the spouse’s request.
Go to "Change Name" service
Filing Fees:
Court filing fees are in addition. Please check with your local courthouse to determine the exact amount.
Uncontested Divorce Forms Online

* Related Uncontested Divorce Facts
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  Related FAQ's

* Must I go to court?
* What is the difference between no-fault divorce and uncontested divorce?
* What are the Residency requirements for filing for divorce?
* Marital Settlement Agreement... What is it?
* What about alimony?
* How is child custody decided?
* When can I remarry after divorce?
* Can I change my child's name upon divorce?
* How is property divided, including retirement funds?

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