Q: We want a divorce and are 100% in agreement on all counts. Can we just walk into the courthouse together and file?
My husband and I have been married for 6 years, but never lived together (initially due to him being in the military and me being in school, and later due to our personal separation). We are in complete agreement in regards to ownership of all assets/debts, did not purchase anything together (although we do need to file a quitclaim as I learned he purchased a house a few months ago), and have no children.
I tried looking up the fees for divorce in LA county tho, and it was really confusing but looked like it would cost us over $1,000 to file! Plus a lot of required back and forth...
Is that all really necessary? Or is there a way for us to just fill out the paperwork (which paperwork??), walk into the courthouse together, pay one fee, and file?
I know there is a required 6 month grace period, but to have numerous back and forth filings plus fees on top of that seems so unnecessary in our case where there are no questions and just a mutual desire to move on.
A:
Your situation where both spouses agree is very common. How to actually file the case will vary. It may be better for one of you to file versus the other, for example. Whether to do an uncontested or a default case will also depend on your situation.
The process (I assume this is what you refer to as the back and forth) is required, but it does not have to be contentious.
Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
