Cheap Divorce in California – What You Need To Know
If your marriage is soon to be another marital casualty, you need to stop and clear your mind. Nobody is ever happy before and during divorce proceedings. A lot are also not happy afterwards. Not just unhappy but dead broke and alone. So before you belong to this group, know what’s in store for you.
Like any other legal proceedings, there are requirements you need to meet before you can file for a divorce.
Residency requirements. You must have lived in California for at least 6 months and at least 3 months in the county where you plan to file for divorce. If you don’t meet these requirements, you may choose to file for a legal separation while you complete the required duration of residency. Although you can do this on your own, it will be easier to hire a good divorce lawyer to do the filing for you. Most actually found this to be easier and cheaper.
Filing fee and court costs. As of this writing, minimum filing fee is between $175 and $350. Also take into consideration up-front costs for giving or serving your spouse the notice for divorce, especially if your spouse lives outside of the state or the country. On the other hand, you can still file for divorce even when you can’t afford to do so. You may request a waiver called Affidavit of Indigency. The presiding judge decides at a later time as to who will pay (you, or your spouse, or both). Overall, the amount of money you’ll need to shell out if you are filing for divorce will usually go higher as it progresses.
Type of divorce you can file. Like the rest of the 50 states, all divorces are “no-fault” based. You don’t need to find fault just so you can be divorced. Collaborative divorce is another option. In this type of divorce, professional mediators like lawyers, counselors, and even financial consultants are at hand to assist in the negotiations of fees, properties, debts, custody, and other important points. If you are any luckier, you might be eligible for a Summary Dissolution. If you have been married for less than 5 years, if you didn’t have biological or adopted children, if there is no on-going pregnancy, if you both don’t have more than $5000 in debt, if you don’t have any real estate property or anything that’s over $25000 (cars not included), if you and your spouse will not be receiving spousal support, then you can definitely file for Summary Dissolution and avoid much of the stress and fees. Plus, it’s the fastest divorce proceeding around.
Strategies. First and foremost, do not move out of your home if you don’t want to lessen your chances of having better custody terms. Stay together and make sure the kids are also still living at home. Second, cancel credit cards which you and your spouse both have access to. Better still, stop acquiring more debt as you’d need all the money you can lay your hands on in the very near future. Keep an eye on all your properties and bank accounts. Keep a solid record of everything. Take pictures and videos, secure updated bank statements (keep your share of the money if you must), sell stuff you both don’t need. Once the divorce is final, all these efforts will help you from going dead broke.
Here’s one last piece of advice. Do not believe someone who tells your to “prepare for war”, even though, it might feel like it. It wouldn’t help you in remaining calm and objective. Treat your divorce like a business deal. Nothing personal.
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