Options for Completing Your Divorce

When you are certain your marriage has ended, you need to decide what type of divorce proceeding will best suit your needs. There are several different types of proceedings, any family law attorney will be able to provide you information regarding the following

Summary Dissolution: There are strict rules to qualify for this type of divorce. Even if you qualify, your spouse must agree to cooperate and sign the paperwork, and there is still a waiting period of six months.

Annulments: An annulment has no waiting period but is difficult to qualify for. An annulment will generally be for a very short term marriage, and show that you were tricked about an intimate issue by your spouse before you married him/her. An annulment always requires a court appearance and, unless the marriage is void, there is no guarantee the court will grant this type of relief. Whenever applying for an annulment, be sure you request a divorce in the alternative.

Legal Separation:: Because both parties must agree to a legal separation, you must obtain your spouse's cooperation in order to finalize this alternative to a divorce proceeding. The process would be the same as an uncontested divorce. Remember, at the end of the process you will not be divorced. Whenever obtaining a judgment for legal separation, remember to request the judgment state that you can amend the judgment at any time to become a divorce. Otherwise, you have to file a whole new lawsuit if you decide you want a divorce in the future.

Dissolution: There are two types of dissolutions (or divorces): uncontested and contested. An uncontested divorce is one where both spouses agree on all issues and the paperwork is made into a judgment without the need of ever appearing in court.  While there is still a six-month waiting period, the paperwork can be drawn up and finalized in a matter of weeks, and the process is much cheaper and less stressful. However, it takes both people to agree and cooperate.  If the parties cannot agree or one spouse will not cooperate, then the divorce becomes contested. A contested divorce involves litigation, meaning several appearances in court. For more information, please call our office for a free consultation with an attorney, or visit one of our other websites: Family Law Attorney, Temecula Divorce Lawyer, or Family Law Blog.