Drawing a line down the middle.

There are three options to end a marriage or domestic partnership in California. You can divorce, you can legally separate or you can seek an annulment. California is a no-fault state and that used to mean something when some states still required you to name a reason for the split.  But now no-fault is everywhere. In California, no-fault  means you check the box labeled irreconcilable differences. You don’t need to give or have a reason for the decision to end the marriage/partnership.  The processes are slightly different for marriage and domestic partnership but the basics we’ll talk about here are very similar.

Once you decide you want to end the legal relationship, you can do it without the other person’s agreement or consent.  Whether the legal action will be contested or uncontested will depend on the other person's outlook and goals. If you and the other person can agree on all the issues or mediate them between yourselves or with the help of a mediation professional, then you can proceed as an uncontested action which means the other person doesn’t file anything with the court to fight the case and you both sign a marital settlement agreement written either by you or both of you or by legal professionals to resolve all of the marital issues. 

A case can also be uncontested if the other person simply chooses not to fight or respond at all, in any way. Even if a case is uncontested, there are multiple forms that must be filed with the court, served on the other party and exchanged between the two of you.  It’s not impossible to do on your own, but it isn’t often easy.

A contested case is exactly what it sounds like. It will likely take longer and require much more work because the other party is filing response documents with the court, seeking different things than you are in your court filings. Often the kinds of things that are contested are the division of property (who gets what and how much of it), what counts as separate or community property (property acquired before or after the marriage), spousal support, child custody and child support. These are all big issues that deserve a fair amount of study and consideration before you make decisions or take a position in the legal case.  It is extremely important to talk to someone who can explain the relevant issues and law regarding your particular situation so you can decide the best course of action, for you.  

That’s what we’re here for at Riverside LRS--to get you in touch with a qualified legal professional who can discuss the specifics of your situation, your goals and your approach, so you can begin to make decisions you’re comfortable with when you’re ready.  We offer $40 half hour consultations through our program, more than one if you need a second or third opinion. Call us 8:30 a.m. to 4:30 p.m. M-F at (951) 682-7520.