Q: Can we file our marital settlement agreement along with the petition for divorce?
If we are already in agreement before we begin the divorce, can we already include the agreement along with the petition to speed up the process such that I no longer have to serve summons to my spouse and we don't have to wait for 30 days to pass before asking for a default?
A:
In California, you can indeed file your marital settlement agreement along with your petition for divorce. This step can be beneficial if you and your spouse have already reached an agreement on all relevant issues, including property division, child custody, and support.
Filing the agreement with the petition can streamline the divorce process. However, it does not eliminate the requirement for service of the petition on your spouse. Even if you are in agreement, the law mandates that your spouse be formally notified of the divorce proceedings.
The mandatory waiting period of 30 days after serving the divorce petition remains in place. This period is a legal requirement and cannot be waived, even if you have a marital settlement agreement. After the 30 days, if your spouse does not respond, you may proceed with requesting a default judgment.
In summary, while including the marital settlement agreement with the divorce petition can simplify and potentially expedite your divorce, it does not remove the legal requirements of serving the petition and observing the waiting period.
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