There is no legal process that relieves all the stress, part and parcel to dissolving a marriage. However, in an effort to lessen conflict, California was the first state to enact a no-fault divorce law. In no-fault divorce, no blame is placed on either spouse for the marriage breakdown.
Based on the following grounds either spouse can request a divorce:
1) Irreconcilable differences that have caused the irremediable breakdown of the marriage, or
2) Incurable insanity.
While some divorces are simple and others are more complex, all divorce proceedings begin with a petition that one spouse serves to the other. In California , after the petition is served, the earliest a court can finalize the divorce is six months. Of course, if aspects of the divorce are contested, it may take longer to dissolve the marriage. The final judgment is the last step in the legal process, finalizing the divorce. The judgment rendered resolves property, child custody, spousal, and child support as well as visitation issues.
When a couple can reach a basic understanding and agreement, an experienced attorney is able to resolve their divorce easily and relatively inexpensively. An attorney or a mediator can also help negotiate a settlement, if only a few minor details stand in the way of resolving the divorce. Unfortunately, when both parties are uncompromising and no agreement is possible, litigation may be the only alternative. Going to trial is not only expensive, but often a stressful route to resolution.
In a simple, uncontested divorce, many people may be capable of filing for divorce themselves. It’s necessary to follow exact procedures in filling out the required forms and drafting the judgment, otherwise the court may not finalize your divorce. However, there is information available online, at local bookstores and through courthouse family facilitators to assist you in performing your own divorce.