Divorce can be a lengthy and complex process, especially when it comes to dividing community assets. In California, which is a community property state, all assets and debts acquired during the marriage must be divided equally between spouses unless otherwise agreed upon. If you’re looking to expedite your divorce proceedings and ensure a faster resolution, here are some key steps to consider:
1. File a Petition for Dissolution
The first step is filing a Petition for Dissolution of Marriage with the court. This document officially begins the divorce process. To expedite the process:
- Make sure to complete all required forms accurately.
- File your petition in the appropriate county court.
- Serve your spouse with a copy of the petition promptly, using a process server or another third party.
2. Request a Bifurcation
In California, you can request a bifurcation to have the court legally end your marriage before resolving issues such as property division, child custody, or support. Bifurcation separates the marital status from the other issues, allowing you to be legally single while other aspects of the divorce continue. To request a bifurcation:
- File a Request for Order (FL-300) asking the court to bifurcate the status of the marriage.
- Prepare for a hearing where you will explain why ending the marriage should not wait for the other matters to be resolved.
3. File a Stipulated Judgment
If you and your spouse can agree on how to divide your assets and debts, consider filing a Stipulated Judgment. This is a written agreement that outlines the terms both parties have agreed to, such as the division of community property, child custody, and support payments. Once filed, the court can quickly approve it, significantly reducing the time required to finalize the divorce.
4. Use a Summary Dissolution (If Eligible)
For couples who meet certain criteria, a Summary Dissolution offers a faster and simpler divorce process. To qualify, you must meet all the following requirements:
- You have been married for less than five years.
- You do not have children together.
- You do not own any real estate.
- You have limited community property and debts.
- Both parties agree to waive spousal support and have signed a property settlement agreement.
5. Attend Mediation
If there are disputes over property or other issues, mediation can be a valuable tool. Mediation involves a neutral third party who helps both spouses reach an agreement without going to trial. Resolving issues through mediation can save significant time and costs compared to litigating each issue.
6. File for a Status Conference or Trial Setting Conference
If your case is not progressing as quickly as you’d like, you can request a Status Conference or Trial Setting Conference. These conferences help ensure that both parties are meeting necessary deadlines and allow you to address any obstacles that may be slowing the process.
7. Request a Division of Community Assets
To expedite the division of community assets, you can file a Motion to Divide Community Assets. This request asks the court to determine the division of property and debts before the final judgment of the divorce. Ensure you have detailed documentation for all assets and debts to streamline this process.
8. Utilize a Qualified Domestic Relations Order (QDRO)
For dividing retirement accounts or pensions, a Qualified Domestic Relations Order (QDRO) can be filed. This court order allows you to separate retirement benefits without facing tax penalties or early withdrawal fees. Working with an attorney familiar with QDROs can help speed up this part of the process.
Conclusion
In California, navigating the divorce process and dividing community assets can be time-consuming. By filing the appropriate motions, seeking bifurcation, utilizing mediation, or pursuing a stipulated judgment, you may be able to resolve matters more efficiently. If you’re looking for personalized assistance, consulting an experienced family law attorney is recommended.
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Disclaimer: This blog is for informational purposes only and should not be considered legal advice. Consult an attorney for advice on your specific situation.