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Assignment on the Divorce Types in California

Category: Education Paper Type: Assignment Writing Reference: APA Words: 1200

Divorce is not just a word but it becomes the reason to destroy number of families. Divorce doesn’t separate husband and wife but it becomes the reason of separation between two different families along with the children as well who are not at fault. Comin towards the reason of divorce, there can be number of different reasons due to which this divorce takes place. There is a prolonged divorce process in different cases while in some cases the divorce process is different. This varies from case to case. Getting a divorce is not an easy process as it seems to be, in some couples it becomes the reason of happiness while in some cases it becomes the reason of grief and sorrow. California is one of the biggest state in USA and there are multiple reasons due to which divorce process among married couples takes place but here in this article we are going to have a look at 4 major types of the divorce:

No-Fault Divorce: California law is the one that has changed the way through which divorces could take place for some the multiple estranged couples in the process it got decided that whether the partner could opt-out without having any major or valid reason or the allegation against their partner. Preceding towards the 1970’s law change fault is that it had to be against their partner. The fault may also serve as the ground for the divorce and can include number of different reasons like desertion, adultery, mental or even the physical cruelty. There are many different states that still handle out this fault divorces to take up an account on all of the wrong doings of the partners and majority of them allow no fault at all. There are many states, even if the misconducting has been done by one of the partner, this don’t matter at all in the no-fault case.

 

Uncontested Divorce: An uncontested divorce is being done when both of the partners in a relationship reach at one of the mutual agreements related to the different aspects of their divorce. They become completely able to discuss as well as settle out the decisions related to the division of poverty, different kind of the financial issues, visitation, and custody of child along with different other issues like these. There is no doubt in it that uncontested divorce are considered to be pretty quick and with simplicity as well and particularly when both of the parties are willing to do, consultation of the divorce attorney is still being recommended. This is very essential and important to know and understand all of the rights while going through the process of divorce.

Simplified Divorce: California divorce law is the one that do allow for the simplified divorce or even the summary dissolution. But yes there also comes few different kind of the restrictions and if they are being met then it is known to be the simple way for ending up the marriage that is short termed for the different married couples. But what they need to do here is couples must file the case of divorce jointly under the platform of no fault ground or even the irreconcilable differences as well. All of the California residence needs or requirements need to be filled up, papers can’t get filled definitely until or unless one of the partner have already lived in the California for the minimum time duration of 6 months and one of the partner need to be the resident for the country which one is filling for the time duration of at least 3 months.

Further here in this type of divorce, both of the partners can’t get married for more than five years along with this there should not be adopted or the born children during the term of marriage and partner can’t even get pregnant at the time of filling. There are many other different categories which falls up here that can be discussed with the lawyer.

Limited Divorce: Limited divorce is almost same like the legal separation, this is the kind of divorce which is being supervised by the court. Limited divorce is the time that gives the different couples a time to arrange out the division of different assets along with the issues of child custody as well. Here couple is not even allowed to live with one another under one roof but still the marriage process is not being resolved out and status of each and every person remains the same.

Understanding all of the different options will definitely help out to handle out all the different aspects of divorce. It is very much advantageous and beneficial to discuss out the situation with one of the experienced divorce attorney to help out and let the couple know which option will suit out the situation.

These are the major 4 types of the divorce types in California, apart from these there are some small and other different kind of the divorce systems as well that exists in the California and couples go for these kind of the divorces. They are being discussed below:

Mediated Divorce: One of the most common divorce strategy is mediation. In this kind of the different divorce cases, two sides altogether work with the third party facilitator for hammering out any of the differences that do takes place among the couples outside the court to resolve them as well. Moderator is the one that helps out the partner to work out on the different conflictions along with the disagreements. Mediation is the one that at times settles out the custody of child, handle out the division of property and make sure to determine about the maintenance support as well. This is known to be the non-binding as well as the voluntary process in which both the partners need to agree upon all the different terms and condition together.

Collaborative Divorce: There is an ultimate aim behind this collaborative divorce and that is to resolve out all of the disputes in a much respectful as well as amicable manner. Both of the partners are being armed with the lawyers that are being trained in the collaborative law and then come together in the process as well that is being aimed at reaching out all of the fair agreements which are being acceptable mutually to both the partners. Collaborative divorce is the one that works in a best way for all those couples that get willing and also have the capability to play nice as well as the cooperate role. This is the type of divorce that is less costly as compared to the other normal divorce and the final say for this divorce to both the partners doesn’t even fall to a judge as well. So partners remain safe from visiting out the courts after few days difference. Both the partners in this kind of divorce sign out the participation agreement along with the draft of lawyers that is considered to be the formal agreement once each and everything gets settled down. 

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