Even though California has a six month moratorium for divorces, simple divorce claims can actually be completed in less time, and more complicated claims can consume several years to crawl through litigation.
Why the six month grace period?
It’s due to the fact that your status as a single person can only be reestablished by a court after six months. Before that takes place, you are prohibited to remarry or file separate taxes and you’ll be considered by the State of California as married until you go through the general divorce procedure summarized in this three part series addressing your California divorce, including the best ways to serve divorce papers in Orange County.
California Divorce Step 1– Determine What Type Of Divorce You Want
If you and your spouse can reach a settlement on the conditions of your divorce, have no offspring and have been wed for no more than five years, you can submit a summary dissolution, which is the quickest route to completing your California divorce.
In the event you don’t fulfill the above qualifications, your subsequent possibility is to opt for an uncontested case. You and your spouse would need primarily agree on the specifications of custody and dividing of assets. If you can not decide, you’ll have to file a contested case, in which case you’ll next have to contact an attorney.
California Divorce Step 2– Starting The Divorce Process
To start the Dissolution process, you or your soon-to-be ex will have to file a Petition with the court. Whichever of you takes this action will be referred to as the “Petitioner” throughout your divorce, and the other will be referred to as the “Respondent.”
How Do You Serve Divorce Papers In Orange County?
In serving your divorce papers, you will have two alternatives: either by postal service or in person. It is highly recommended that you contract an Orange County process server to perform this duty for you, particularly if your spouse has been uncooperative up to this point.
Our licensed Orange County process servers will hand-carry your divorce papers swiftly, legally and without event. You’ll have unconditional verification of delivery and eliminate any possible problems.
Assuming you have resided in California for a minimum of six months and your current county for 3 months, you will need to submit your divorce in the county you presently live in. If your spouse lives in a different county, you may register your divorce in either county.
If you haven’t resided in California and your current county long enough, you will only be qualified to apply for a legal separation until you’ve established residency.
Once your spouse is given the Petition, the six-month waiting period the court mandates begins immediately. At the end of the six-month period, you become allowed to request your marital status be terminated and have a verdict recorded.
Remember: Employing an Orange County process server to serve your divorce papers can reduce many potential problems and steer clear of scenarios you ‘d rather not face. Our professional process servers are trained to make this difficult process as convenient as possible.
Call us today at (866) 754-0520 and see how we can serve your Orange County divorce papers, quickly and affordably.
Orange County Divorce Process: Part 2