It is a painful decision but you and your husband have finally agreed to file for divorce. You have decided you do not need to hire an expensive lawyer, and you are looking to get a quick California divorce so you can get on with your separate lives. So how do you get a fast divorce? Read on to learn how to get a quick divorce in California.
A Quick Divorce Judgment is Possible
Although your divorce can be finalized fairly quickly with the court, there is no way to avoid California state’s six-month waiting period before either party can remarry.
The waiting period does not hold up the court issuing a final decree of dissolution and your final Judgment. The 6 month waiting period merely affects the earliest date a party can remarry.
It is important to understand that the waiting period does not delay the court’s ability to issue a final decree of dissolution and your final Judgment. This means that you could conceivably complete your divorce proceeding in as soon as 45 days after filing…with the proper help. You just could not remarry at that point.
Fast Way to Start Waiting Period for Divorce
When a California divorce is filed, the date of jurisdiction is what starts the waiting period. The date of jurisdiction is the date your spouse acknowledges receipt of the divorce paperwork. The waiting period runs 6 months from the date of jurisdiction. The earliest date a marriage can be terminated is the day after the 6 month waiting period ends. Theoretically, a party could file their divorce and serve the other party on that same day, thus establishing the date of jurisdiction on the day the divorce was filed. It is quite common for couples to do this. Once the other party is served with the divorce paperwork, the clock starts ticking towards that 6 month plus 1 day marriage termination date (the soonest date that either party could remarry assuming the divorce has been completed). For example, if a divorce was filed on March 1st, and the other party served on March 1st, the 6 month waiting period would end September 1st. The earliest termination date of the marriage would be September 2nd (6 months plus 1 day from March 1st). The divorce case could theoretically be completed in April and a Judgment of divorce entered; but if either of the parties wanted to remarry, they would not be able to do so until September 2nd or after.
Fast Divorce Options
The quickest way to file a divorce is to get professional help from a legal document service who can quickly help you prepare all the necessary paperwork you will need to complete your case. The California divorce process is a multi-step process. Delays completing the divorce process are often due to documents being improperly prepared or improperly filed by people who are trying to file divorce without the proper guidance. Avoid your divorce paperwork being rejected. Every court has its own local rules. An experienced legal document assistant should be familiar with any unique local court rules that may impact how your divorce case paperwork needs to be prepared and know the proper steps for processing the paperwork with the court. Seeking the help of an experienced legal document service to prepare and process your divorce will avoid unnecessary delays caused by the court rejecting incomplete or improperly filed paperwork.
Annulment – A Quicker Alternative Than Divorce
Parties that are seeking an annulment are not subject to the “6 month plus 1 day” rule. When a court decrees a marriage annulled, the annulment is granted by the judge on the day of hearing. An annulment is a court order that determines the marriage null and void. Once the judge has issued an order of annulment, the marriage is adjudicated as though it never happened and the parties are instantly restored to their single status.
Some people believe that if they were married for a very short time – a week, a month, or less than a year – that they can simply have their marriage annulled. This is not correct. In order to file for an annulment, the marriage must qualify under California law to be a marriage that can be annulled.
If you are looking to get a quick and fast divorce, contact A People’s Choice. We can prepare all of your divorce paperwork in one day and get you on your way to being restored to a single person in the shortest amount of time possible.