Understanding California Default Divorce with Agreement

The California default divorce with agreement is a method that should be widely discussed among those considering divorce. This approach is not just efficient; it can also be the most cost-effective option available for couples parting ways. In this blog, we’ll delve into what this type of divorce entails, how it works, and why it might be the best choice for you and your spouse.

What is a Default Divorce with Agreement?

A default divorce with agreement occurs when one spouse files for divorce, and the other spouse does not respond. Unlike a traditional default divorce where the responding party fails to file any response or financial disclosures, the default with agreement allows both parties to complete necessary financial disclosures and come to a written agreement.

This means that even though one party does not respond, both spouses actively participate in disclosing their financial situations and negotiating the terms of their divorce. This method combines the simplicity of a true default divorce with the clarity and mutual agreement of an uncontested divorce.

The Benefits of a Default Divorce with Agreement

There are several advantages to pursuing a default divorce with agreement, making it an appealing option for many couples:

• Cost-Effective: This method saves money by eliminating the need for a response fee. Typically, when one spouse files for divorce, they incur a filing fee, and if the other spouse responds, they incur an additional fee. By going through the default with agreement process, you only pay one filing fee.
• Efficiency: With both parties agreeing on the terms, the process can be expedited. You avoid lengthy litigation and the associated stress that often comes with contested divorces.
• Control Over Outcomes: This method allows both spouses to have a say in the terms of the divorce, leading to more satisfactory outcomes for both parties regarding asset division, child custody, and other considerations.
• Amicable Resolution: Since both parties are actively involved in creating the agreement, it fosters a sense of cooperation and reduces animosity, which can be beneficial, especially if children are involved.

How Does the Default Divorce with Agreement Work?

Understanding the process of a default divorce with agreement is crucial for couples considering this option. Here’s a step-by-step breakdown:

Step 1: Filing for Divorce

The process begins when one spouse files a Petition for Dissolution of Marriage. This document outlines the basic details of the marriage and requests the court to dissolve it. Once filed, the other spouse is served with the divorce papers.

Step 2: No Response from the Other Spouse

In a default divorce with agreement, the other spouse does not respond to the divorce filing. This non-response is what allows the case to proceed as a default divorce.

Step 3: Financial Disclosures

Both parties must complete and exchange financial disclosures. This includes income statements, expense declarations, and a schedule of assets and debts. It’s essential that these disclosures are thorough and honest to avoid complications later.

Step 4: Entering into a Written Agreement

After financial disclosures are completed, both spouses need to negotiate and enter into a written agreement. This agreement should cover all aspects of the divorce, including property division, child custody, and any spousal support arrangements.

Step 5: Filing for Default Judgment

Once the written agreement is finalized, the filing spouse submits a Request for Default and the Judgment form to the court. This is where the court reviews the agreement and, if all is in order, approves the divorce.

Who is This Process Best For?

The default divorce with agreement is ideal for couples who are amicable and can communicate effectively. Here are some factors to consider:

• Amicable Relationship: If you and your spouse can work together without conflict, this method can save time and money.
• Trust: Both parties must trust each other to disclose financial information accurately and negotiate fairly.
• No Complex Issues: If you have minimal assets, no children, and uncomplicated financial matters, this process is particularly suitable.

Cost Considerations

One of the most significant advantages of the default divorce with agreement is the cost savings. Here’s how it breaks down:

• Filing Fee: The initial filing fee for divorce in California is approximately $435. This fee covers the cost of initiating the divorce process.
• No Response Fee: In a standard divorce where both parties are involved, the responding spouse typically incurs a filing fee as well. In a default divorce with agreement, this fee is waived, saving you money.
• Legal Document Preparation: Many couples choose to use services to help prepare their divorce documents. This can range from $300 to $1,500 depending on the complexity of the case.

Why Choose Divorce661?

At Divorce661, we specialize in helping couples navigate the divorce process in California, particularly through the default divorce with agreement method. Here’s what we offer:

• Expertise: Our team has extensive experience in California divorce law and can guide you through each step of the process.
• Affordability: We offer flat-rate pricing for our services, ensuring that you know exactly what you will pay upfront.
• Convenience: We handle all the paperwork, making the process as easy as possible for you, allowing you to focus on what matters most.

Final Thoughts

The California default divorce with agreement is an excellent option for couples looking for a cost-effective and efficient way to end their marriage amicably. By understanding the process, benefits, and requirements, you can make an informed decision that best suits your situation. If you and your spouse are ready to move forward, consider reaching out to Divorce661 for assistance in preparing your divorce documents and navigating this process smoothly.

For more information or to get started, visit Divorce661 or call us today!