If your marriage has come to an end and you are preparing for divorce, a goal you may want to achieve is a mutual divorce. A mutual divorce is a simplified and streamlined legal process that you can benefit from if you and your ex-spouse can work together on the terms. If you wish for a mutual divorce, a divorce lawyer in San Diego can help.
What Is a Mutual Divorce?
Also called a collaborative or uncontested divorce, a “mutual divorce” is one where both parties wish to end the marriage and can agree on the key terms of the divorce. It is an amicable divorce process where both parties can communicate effectively with one another and compromise on the terms of the divorce to keep the case out of court.
The benefit of a mutual divorce is that it avoids a divorce trial in San Diego. It is a faster, less expensive and less stressful legal process for the whole family. In addition, a mutual divorce allows both spouses to remain in control of what their lives will look like after the divorce.
By contrast, when both parties cannot agree on the terms of the divorce, the case will proceed to court, where a judge will determine important matters such as child custody, property division, child support and alimony. Since California is a community property state, you can expect a 50/50 split on all of your marital property if your case goes to divorce court.
What Are the Requirements for a Mutual Divorce in California?
To achieve a mutual divorce in California, you and your spouse must first meet all of the state’s standard divorce requirements. At least one of you must have lived in the State of California for six months prior to filing for divorce, and in the county where you filed for at least three months.
One spouse, thereafter known as the Petitioner, must file the initial divorce paperwork. You may both work with attorneys to come up with the terms of the divorce to include on the document. You will both be required to exchange financial disclosures, or forms that give transparent information about your assets and debts.
Once you submit the divorce papers to the courts, a judge will most likely sign off to make the dissolution of marriage final – unless the terms of the divorce are unreasonably unfair for one spouse or do not protect the best interests of a child. With a successful mutual divorce, this will be the end of the case; it will not need to go to court.
Tips for Achieving a Mutual Divorce in California
Enjoying the benefits of a mutual divorce in San Diego takes cooperation, a willingness to compromise and good communication with your ex-spouse. You and your ex must be willing to have open and honest discussions about your divorce and what you want life to look like after your marriage ends. Try to keep an open mind and stay respectful during conversations to avoid the matter turning into a contested divorce.
Consider hiring an attorney to facilitate the mutual divorce process. You and your ex don’t have to struggle through the legal process alone. Involving an unbiased third party, such as a divorce lawyer, can facilitate better communication and lead to breakthroughs and compromises that allow you to enjoy a mutual divorce rather than going to trial.
The right attorney can help you and your spouse create a comprehensive marital settlement agreement that addresses all of your needs and is mutually acceptable. Your lawyer will understand California’s divorce laws and can use mediation, if necessary, to help resolve disputes outside of court. To request a free consultation about a mutual divorce with an attorney in San Diego, contact Boyd Law.
