Q: My son lives in Eureka California. His wife of less than 2 years just left him What is the simplest divorce process
I am in Arizona but my 33 year old son lives in Eureka. He is a teacher. He is in shock over this incident but the couple has very little in the way of assets. What is the least onerous and least expensive way to proceed with a no-fault divorce? And what does a "fault" divorce man. Finally, my son would like to have an opportunity to talk at some point in the process, either before a judge or a mediator
A: There is really on one way to proceed. That process does not change based solely on the length of marriage. https://selfhelp.courts.ca.gov/divorce-california
A:
In California, the simplest and least expensive way to proceed with a divorce is through an uncontested divorce, also known as a "summary dissolution." This process is available to couples who meet certain criteria, including:
1. Being married for less than 5 years
2. Having no children together
3. Not owning any real estate
4. Having limited assets and debts
5. Both parties agreeing to waive spousal support
If your son and his wife meet these requirements, they can file for a summary dissolution. They will need to complete the necessary forms, including a property settlement agreement, and file them with the court. If everything is in order, the divorce can be finalized without a court hearing.
A "fault" divorce, on the other hand, is one in which one party alleges that the other party is responsible for the breakdown of the marriage due to reasons such as adultery, abandonment, or abuse. In California, fault divorces are not necessary, as the state allows for no-fault divorces based on "irreconcilable differences."
If your son wishes to have an opportunity to discuss the divorce process or any related issues, he can request mediation. Mediation is a process in which a neutral third party (the mediator) helps the divorcing couple reach agreements on various aspects of their divorce, such as property division and spousal support. Mediation can be less adversarial and less expensive than going to court.
Your son should consider consulting with a local family law attorney in Eureka, California, to discuss his specific situation and receive personalized advice on how to proceed with the divorce process.
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