In California, the term “mutual divorce” is commonly referred to as “uncontested divorce” or “collaborative divorce.” Essentially, according to a specialist family law attorney in Orange County, both spouses have agreed to end their marriage and have decided on the major decisions that accompany divorce. Because their decisions have already been made, there is usually no need for court appearances or a trail. This route to divorce is substantially cheaper than a “contested divorce”, where both sides aren’t able to come to decisions amicably.
This type of divorce even allows both parties to present themselves without the involvement of lawyers, though many still choose to hire a divorce lawyer in San Bernardino for guidance. An attorney’s extra support and legal knowledge will help ensure the process proceeds smoothly. Even though both parties have decided the best decision is to part ways, there are specific requirements that must be met before the process can be completed.
Requirements for Mutual divorce in California
- One or both parties must previously have lived in California for at least 6 months and must have lived at least 3 months in the county in which the divorce is being filed.
- Both spouses must agree on all settlement decisions such as child and spousal support, division of property, child custody and parental rights, etc.
- Both parties must be available to sign all paperwork necessary.
Divorce Process Creating A Settlement Agreement
California commonly refers to this as “marital settlement agreements” or “MSA,” wherein the agreement is a written contract that is legally binding. Couples will usually sit down and discuss all factors within to reach common ground related to divorce. Even though not recommended by any type of divorce or domestic violence lawyer in Riverside, however, some couples will write up their own agreement. This is most common with couples who do not share children or valuable assets.
If the couple does choose to seek guidance from a legal professional, both parties will need their own representative as one attorney can’t represent both. Hiring an Orange County divorce mediator can be a wise decision for the reason that one will be capable of taking the lead and making sure the document holds up in court.
Both Parties Must Be Present
Both parties must be present when the document is being discusses and signed. Couples who choose not to look forward to help from an attorney can either decide to sign it together in private or seek assistance of mediation.
A trained, neutral mediator will help reach an agreement via 3-way meetings and communication. This makes sure both parties are remaining civil and decision-making is amicable. If each spouse is seeking guidance from an attorney, they are also allowed to be present during these meetings.
If you are considering a divorce, it is essential to speak with an experienced Riverside family law attorney. Sunita Sood at The Law Offices of Sood and Sood can help you understand your rights and guide you through the process. Get in touch today and discuss your case!
