Dissolution of marriage is never painless, but it doesn’t need to be expensive. The hardest part is often getting started. If you’re a resident of Lake County and you know without a doubt that it’s time to part ways with your spouse, it’s time to learn how to file for divorce in Lake County, CA.
This article covers the Lake County divorce process as well as related matters like navigating parenting issues, dividing marital properties, and more. Read on to learn how to file for divorce in Lake County, CA. We’ll start with the simplest type of divorce and move on to contested divorces.
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Simplified Divorce in Lake County, CA
An uncontested divorce entails a joint petition for a simplified divorce. It’s the best-case scenario for a quick, easy divorce. In this scenario, you don’t really need a divorce attorney.
During an uncontested divorce, both spouses settle on a common ground for separation. In this form of separation, your spouse won’t file for an action that might cause a separation trial. That implies that both of you approve the terms in the petition, and the Lake County Divorce procedure can proceed without a court-imposed order.
Whenever possible, you and your spouse should aim for this joint petition for simplified divorce through arbitration (mediation of guardianship problems). Keep in mind that an amicable contract requires that the involved parties agree on issues such as:
- Custody of minor children
- Financial disclosures
- Statement of personal effects and real estate
- Managing separation documents
During an uncontested divorce, a mediator or attorney can help you resolve your divorce and parental issues and attain a joint petition for a simplified divorce. Divorce mediation aims to help you and your spouse come to common ground on your issue of divorce without involving the court As such, with private mediation or with the help of a family member’s regulation lawyer, you won’t require any kind of added records, initial filing fees, or attorney costs.
What Are the Steps for Uncontested Dissolution of Civil Union in Lake County?
If an uncontested dissolution of marriage is possible for you, your divorce should be relatively fast and painless. Here are the basic steps for an uncontested dissolution of marriage certificate:
- File a separation application. This should contain your original petition for dissolution of marriage, details of your marital property, and, if suitable, parenting time and property division.
- Officially serve your spouse the separation summons form based on the divorce law. You’ll need a third party to help you with this part.
- Give details regarding your properties, earnings, and financial debts.
- Create and sign a marriage settlement agreement. That might involve the custody of children and parental issues for minor children.
- Request for a default judgment. This takes a minimum of 31 days after you’ve served your spouse with the divorce papers.
- The family court declares your marriage null through a separation judgment after at least six months plus the one day that you served your spouse with the divorce documents. This separation decree (last judgment) for your standard dissolution sets out your interests based on your arrangements with your now ex-spouse.
When an Uncontested Divorce Isn’t Possible: Contested Divorce in Lake County, CA
A joint and simplified divorce (uncontested divorce) takes fewer resources and time than a disputed divorce. However, it doesn’t suit everyone. If you and your spouse don’t seem to agree on anything regarding your marital relationship (such as child support for minor children and application for child custody), you may need a contested divorce.
In case of unsuccessful mediation for an uncontested divorce, you may need to revert to a contested divorce. A skilled separation lawyer to represent your interests and give you legal advice. A contested divorce comes with many types of courtroom hearings and additional court dates as well.
During a contested divorce, the respondent or the participant (via an acknowledgment of service) can petition against the process to dissolve the marital relationship. This can happen because of disagreements about:
- Assets, including real property
- Financial problems
- Custody and parenting issues
For such a contested case, you will require a formal divorce proceeding and standard steps for divorce summons. The family court will perform a separation hearing before giving a judgment on the divorce. You might need additional assistance from a divorce lawyer to navigate the family court as well.
How to File for Divorce in Lake County, CA Online
Yes, you can file for a separation online. Whether your divorce is contested or uncontested, you can at least begin this process without stepping foot in circuit court. You can find a step-by-step overview on how to undertake an online separation from self-help assistance on the Lake County Superior Courts website. Online divorce services like A People’s Choice can assist you with paperwork.
Filing for an online divorce in Lake County can be fairly uncomplicated if you have the relevant guidance on what applicable documents to file. To avoid any delays with your online divorce process, ensure you’ve filed all the required details based on the requirements for separation.
What Documentation Do You Need to Begin Filing for Divorce Online in Lake County?
You will require numerous separation papers throughout the divorce process. These three come up early in the process regardless of whether your divorce is uncontested or contested:
FL-100 – This is the divorce application form that begins the current dissolution procedure. You and your partner should provide all crucial details on your marriage here. For example, you’ll want to include your marriage date, property, and minor children.
FL-110 – This is the summons paper that informs your spouse of your petition for the divorce. You should serve your spouse this summons through a court’s specified method: finding a third party to serve the papers on your behalf.
FL-115 – This Proof of Service of Summons testifies to the court that, indeed, you have served your partner with the pertinent divorce papers.
You can access these current files and other extra papers from the Lake County Superior court’s website. You will need to complete the forms before you file them with the clerk of court along with the applicable fee. The family court self-help office can offer additional assistance.
How to File for Contested Divorce in Lake County, CA
You can file for an online divorce in Lake County at any time without the need for a separation lawyer. Just ensure that you have the necessary documents. If you need help with your official court file documents, A People’s Choice can assist you at an affordable rate.
In Lake County, CA, an online or in-person contested divorce follows these steps:
Declare Divorce – Submit an application with the family court. Serve this to your spouse within 16 days of your first hearing or within the alternate time frame provided by the trial courts.
Action to Petition – As part of the Lake County, CA default separation requirements, the respondent has 30 days to respond to the petition (via a proof of service type). In their reaction, they might outline some reasons for a contested divorce.
Order to Show Cause – This is a hearing that a partner can apply for. If used in your divorce, a judge can make temporary court orders concerning restraining orders, support for minor children, and spousal support.
The Disclosure Process – This process requires you and your spouse to give information on all of your residential and commercial property on The Preliminary Declaration of the Disclosure document.
A Settlement Discussion – You and your spouse establish a settlement with the possible help of a lawyer.
Agreement Procurement – If you and your spouse come to terms regarding the divorce, a legal representative will help you file a marriage settlement agreement. This document will require authorization from you and your partner.
Trial – If you and your spouse fail to reach an amicable relationship on issues such as property division, support of minor children, and other issues, you will have to go to a family court.
The Lake County Superior Court is located at 255 N Forbes St #209, Lakeport, CA 95453, United States and is open Monday through Friday from 8 a.m. to 4 p.m. at the time of writing. You can contact the courthouse at 707-263-2374 for the most up-to-date information on hours, policies, and more.
Dissolution of Marriage – Once the marriage settlement agreement is authorized and you’ve completed all the necessary steps, you’ll acquire a judgment of dissolution of marriage which keeps a record of court orders on the separation. At this point, your marriage is over, and you and your former spouse can officially part ways.
How to File for Divorce in Lake County, CA with A People’s Choice
A legal document assistant can help you get through the Lake County divorce procedure with the many family law forms without a pricey lawyer. This will make the Lake County Divorce procedure much cheaper for you while ensuring accuracy in your paperwork. Call A People’s Choice at 800-747-2780 to get all the legal forms and any self-help forms you require for your divorce.
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