Ways a Divorce Can Be Granted in California
In California, divorce, legally referred to as “dissolution of marriage,” is governed by specific statutes and procedures. Understanding the ways a divorce can be granted is essential for individuals navigating this process.
Since California has adopted a no-fault system, most divorces in California are filed on the grounds of “irreconcilable differences,” meaning that the marital relationship has deteriorated beyond the possibility of repair. While this simplifies the foundation for filing, there are several types of divorce proceedings available under California law. Many individuals confuse the difference between annulment vs. divorce, adding additional complexity.
Common Divorce Options Available Under California Law
Here are some different ways that divorce can be granted in California.
Filing for an Uncontested Divorce
An uncontested divorce occurs when both spouses are in full agreement on all relevant terms, including property division, spousal support, child custody, and visitation rights. Because there is no dispute for the court to resolve, uncontested divorces are typically faster, less hostile, and significantly less expensive than contested divorces.
The parties may jointly file, or one spouse may initiate the proceedings, followed by mutual consent to all terms. Many couples pursue this route to maintain a level of privacy and control over the outcome, often utilizing mediation or collaborative law to reach consensus.
Filing for a Contested Divorce
In contrast, a contested divorce arises when spouses cannot agree on one or more aspects of the divorce. In these cases, the court must step in to adjudicate disputes over asset division, spousal support, parental responsibilities, and other matters. Contested divorces can be lengthy and emotionally draining, often involving discovery, motions, hearings, and potentially a trial.
Given the complexity and stakes involved, both parties are usually represented by legal counsel. Although more costly, this type of divorce may be necessary in situations involving high-conflict relationships, substantial assets, or disagreements regarding child welfare.
Default Divorce
Another common pathway is the default divorce, which occurs when one spouse files for divorce and the other fails to respond within the statutory time period, typically 30 days from the date of service. In such cases, the filing spouse may request a default judgment, and the court will likely grant the relief sought in the initial petition, provided it complies with legal standards.
This type of divorce may arise due to a lack of communication between spouses, one party’s absence, or refusal to participate in the process. While expedient, default divorces can sometimes be reopened if the non-responding spouse later challenges the judgment and demonstrates good cause for failing to appear.
Summary Dissolution
California offers a streamlined option called summary dissolution for couples with minimal assets, no children, and a relatively brief marriage. This process is available to qualifying couples who have been married for less than five years, have minimal assets, and agree to waive spousal support.
Both parties must sign and file a joint petition and a marital settlement agreement that outlines how assets and obligations are divided. Summary dissolution is attractive due to its simplicity and efficiency, though couples should ensure they meet all statutory requirements before proceeding.
Legal Separation
Some spouses opt for a legal separation rather than an immediate divorce. Legal separation allows couples to live apart and resolve matters such as property division, custody, and support without formally ending the marriage. This arrangement is sometimes pursued for religious, financial, or personal reasons. Importantly, a legal separation does not terminate marital status but can later be converted into a divorce upon request by either party.
Interlocutory Decree
Finally, the court may issue an interlocutory decree, an interim judgment stating that the parties are entitled to a divorce, though the marriage is not yet dissolved. This procedural step may be used in complex cases or as part of a statutory waiting period. The final judgment is entered at a later date, formally ending the marital relationship.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586