How much divorce cost in ca
Contested divorce is probably what you think of when you think of divorce. On the other hand, if you and your spouse are able to reach an agreement without intervention from the court, you are said to have undergone an uncontested divorce. Unsurprisingly, uncontested divorce is much faster and less expensive than contested divorce.
As the name implies, this is a sort of abbreviated divorce process. Besides reaching a settlement agreement yourselves, you must also be married for less than five years, have no children and therefore child custody issues , have limited debts and assets, and both agree to waive spousal support in order to be eligible. If you go for this option, you and your spouse will file a joint petition together, rather than a traditional divorce petition followed by a response.
Usually neither party hires a divorce lawyer for an uncontested divorce. Sometimes divorcing couples will pay for just an hour or two with a divorce attorney in order to obtain some basic legal advice, but then do the bulk of the work themselves or through an online platform.
First of all, as discussed above, merely having children, regardless of whether you and your spouse agree on a child support and custody arrangement, can prohibit summary dissolution.
This probably means that there will be a longer period of time between your initial divorce filing and when you are granted a divorce decree. You will definitely have to fill out more divorce paperwork, but also unexpected issues can arise in the extra time spent waiting for a divorce judgment. However, what makes an even bigger difference than your eligibility for summary dissolution are the issues of child custody and child support themselves.
Having children makes it a lot more likely that you will end up in court. After all, people tend to feel a lot more emotional and therefore aggressive about child support and custody than they do about, say, spousal support. Each model of the divorce process has pros and cons, and expense may fall into either category.
Litigation is usually your priciest option. When engaging in litigation, the duration of your divorce proceedings is highly determinative of the overall expense. For litigation, monetary cost is definitely a con, but that can pale in comparison to the emotional costs.
Basically, the only reason you should ever litigate is if your spouse is already being uncooperative. Your next most expensive option is generally collaborative divorce. This method is similar to mediation in that you and your spouse will be negotiating in a room together with professional help. However, collaborative divorce is pricier than divorce mediation because that help will come from more than one professional.
Beyond that, you might hire accountants, child specialists, or real estate agents to help you sort out a deal, including custody and parenting time. Speaking of which, despite the significant expense of the collaborative method, it is a valuable option for parents with significant custody disagreements who want to avoid an epic custody battle.
Divorce is an unpleasant process no matter how you spin it. Not only are you losing half the time with your kids and half of everything you own, but you may also be stuck with a huge bill just to get your divorce finalized. Plus, in a state like California with a high cost of living, people are forced to wonder: how much is a divorce in California? The potential cost of divorce is often one of the first thing couples think about when they consider dissolving their marriage.
The national average cost of divorce in the U. Despite the no-fault advantage, the cost of divorce is still cause for concern. If both you and your spouse agree to the terms, you can even file for divorce online!
The price tag for a divorce in California varies depending on the case. There is no way to tell the exact amount you will have to spend for your particular case, but there are factors you can use to make an estimation.
These include:. The difference between the two comes down to whether you and your spouse need the court to settle every family law matter like spousal support, child support, child custody, and the division of community property i.
You will both have to retain a family law attorney, which can greatly increase the cost of the process. On the other hand, if you two can reach an agreement without court intervention, then the divorce is uncontested. An uncontested divorce is cheaper and much quicker than a contested one. You may even be eligible for summary dissolution , which is a sort of abbreviated divorce process. For your marriage to qualify, it has to be less than five years old.
You also must have no kids, limited debts and assets, and you both have to agree to waive spousal support. If you opt to file for a summary dissolution proceeding, then all you and your spouse need to do is file a joint petition for Dissolution of Marriage and a Marital Termination Agreement.
You can complete the entire process yourself online. Check out this article for information on the cost of summary dissolution. How much is a divorce with kids? More than a divorce without children, which probably comes as no surprise. Having kids can complicate a divorce and increase the cost of the process, especially if you or your spouse engage in a contentious child custody battle.
Sorting out child support as well as child custody will require both parties to fill out more paperwork. You may have to hire an attorney or mediator to help you iron out an acceptable custody arrangement, which costs time and money. There will also be a longer waiting period as you wait for a divorce judgment. As mentioned in the last section, simply having minor children prohibits a summary dissolution.
If child support comes into play, the court has an obligation to ensure the children in the divorce receive appropriate financial support from both parents. The noncustodial parent typically pays child support to the custodial parent until the children reach the age of 18 or meet the stipulated age in the child support agreement.
For example, a divorcing couple may agree to continue child support until their children complete their educations. California is one of the most expensive states for divorce for several reasons, and anyone expecting to divorce in the near future should consult with an experienced divorce attorney about what to expect from the process.
If you are going through a separation or divorce and you need answers to your questions, or you are seeking to learn your best options available, you can schedule a consultation to talk to one of our MTSA expert family attorneys. We are still conducting consultations via video conference and telephone. Categories Divorce. Potential Economic Consequences of Divorce California recognizes a community property rule when it comes to divorce.
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