Spouses who want to end their relationship and think that it is already impossible for them to save them, as a rule, decide to divorce. At first glance, the dissolution of marriage seems simple enough. And many people mistakenly think that they can easily handle this on their own. As practice shows, often the most “simple” instructions can conceal serious legal incidents and result in a clash of interests of many interested persons or in substantial delays in resolving the issue until the refusal to satisfy a divorce claim. And most couples tend to speed up the process as soon as possible. It is worth noting that in California this can be achieved in some cases.
A feature of all family disputes is that all of them, often, have the character of personal revenge of spouses and not always the parties can sensibly assess the possible consequences of their actions. And this is precisely what significantly inhibits the whole divorce process.
What Can Affect the Slowdown of the Trial
Spouses who are entrepreneurs. When it comes to the separation of assets, and you and the spouse are an entrepreneur, then quite a few difficulties may arise. Especially if one of the parties is trying to understate their income or when one of the parties declares that the income of the spouse is much higher than it was stated in court.
Child custody issue. If you and your husband cannot resolve the issue of living, guardianship, and maintenance of your children, this also significantly slows down the whole process.
Property issues. According to state law, all property and assets acquired during a marriage are community property. Therefore, it can be quite difficult to resolve all questions about this.
Your spouse’s lawyer. It may happen that a lawyer of your spouse can specifically delay the process of divorce. A lawyer can do this to earn as much money as possible.
Think about whether you slow down the process. Sometimes the problem is your spouse, and sometimes you. You need to clearly analyze all the existing information and objectively evaluate all your actions. Perhaps your emotions take power over your mind. Therefore, it is necessary to make a sober look at what is happening and discard all resentment.
Divorce is not a means of revenge. Remember that the divorce process is a formal dissolution of the marriage, not revenge. The victory over the divorce process is not a way to satisfy one’s grievances. These false incentives do not always lead to a productive outcome.
How Is It Possible to Speed Up the Process?
All the same, there are several ways to speed up the trial.
The most optimal would be to decide on an uncontested divorce. This type of separation implies that you and your spouse are ready to resolve all issues peacefully and without further controversy. Moreover, with this method, it is possible to save quite a few costs for the divorce process.
The cooling period is the following legislation. The divorce period may be completed six months after the submission of documents. However, this may play a role in your fate, and you may change your mind about the divorce.
The lawyer’s professional assistance can speed up the divorce process. Independent legal proceedings may not always bring the desired result. Lawyers are constantly faced with the divorce proceedings, so they will contribute to speeding up your operations.
General Tips for Your Divorce
Read the information that you must know if you have decided to dissolve the marriage.
Comply with State of Residence Requirements.
According to state law, it is necessary for your residence before filing for divorce to be at least six months, as well as not less than three months in the district where you file the petition.
Take up Information Collection.
The divorce process will require information on how much your income is, all debts and other financial information. You need not only to collect all these documents, but also to make several copies. Take stock of your monthly living expenses. It is worth remembering that in no case you should hide such information in court. Since this can affect not only the outcome of the court, but it can also entail responsibility before the court.
Take Care of Preparing All the Necessary Forms for a Divorce.
To find out what forms you will need to fill in without fail, contact the secretary in court. Also, there are many online sources where you can get the necessary information.
Next, Submit All Forms.
You must submit all completed documentation to the court registry. Also, be sure to pay all registration fees.
Take Notice of Your Spouse’s Divorce.
According to state law, you must notify your spouse of a divorce. There are three ways to do this:
The other party must sign the legal notice forms.
The second party must obtain copies of the court documentation.
publication of legal notice (in the case when it is not possible to find your spouse)
Provide Documentation and Attend Court Sessions.
In the case when the divorce process is not simplified, then you will probably have to visit the courtroom more than once. The decision to divorce is the necessary form to complete your trial. Most people believe that over ten years you will be provided with constant spousal support. (only on condition that the marriage lasted ten years). However, this is just one factor that will be considered for a final decision on this issue.
Benefits from the Services of Mediators.
With the help of intermediaries, there is an opportunity to reach an agreement between the spouses.
Professional intermediaries offer their services for a fixed fee for you to have a clear understanding of how much you will get services and what they will include. Unlike hourly pay lawyers, which can suddenly increase.
What About the Summary Dissolution of Marriage?
The state provides for a simplified procedure for divorce. This requires the following factors:
mutual consent to the separation.
Lack of children.
Marriage duration should be no more than five years.
Lack of debt for $ 6,000 (auto loans excluded).
Lack of real estate and the availability of rent without the right to purchase (the term of the lease must expire within a year after applying for divorce).
Total property worth less than 41 thousand dollars. Also, the personal property of both spouses is not more than 41 thousand dollars (not including vehicles)
A written agreement with the signatures on the division of property, assets, and debts, as well as the necessary documents for the transfer of property rights.
Waiver of marital support.
In case of non-fulfillment of one of the requirements, the divorce process takes place in the usual manner.
If any of these requirements are not met, you will need to use the standard procedure.
Does Fast Always Mean Good?
There are some drawbacks when the divorce process is accelerated. First, without the help of professionals, you can skip some essential points, which ultimately can cause severe problems in the future. Secondly, in the accelerated mode, you may not have enough time to think about important issues and make a decision. Perhaps you still should not divorce, because this is only the intensity of emotions!
When It Is Not Possible to Do Without the Help of a Lawyer
If one of the spouses does not want to divorce, then without the help of a lawyer it will be quite difficult to achieve what you want. To start the divorce process, a statement must be made from at least one of the parties. Therefore, the process will be launched even if the spouse is against it. The key feature will be just how long it will take, as well as how much money it will cost.
Lawyer services will be needed if one of the spouses does not want to provide the necessary information. A lawyer will be able to request in court the provision of all the required documentation by the second spouse.
If one of the spouses is mentally incapable, then it will be practically impossible to do without a lawyer.
Both spouses must be prepared to disclose all information about property and debt.
In any case, when you cannot independently resolve disputed issues with your spouse on your own, you will have to resort to professional legal assistance. In the event of the dissolution of a marriage, a lawyer may become involved in the work from the moment you appeal at any stage. Resolving family disputes, such as divorce and, moreover, resolving various disputes, is a morally tricky procedure. Under such circumstances, it is almost impossible to refrain from emotional manifestations towards the other party in the process. Before you want to make an effort to speed up the process of divorce, think carefully about your decision and use the services of professional lawyers. Remember that all the choices you make may affect you in the future!