Can I really get a one day divorce? San Diego recently became the second county in California to offer a “one day divorce” after Sacramento pioneered the idea. While many couples may wish to run to the courthouse to obtain their divorce within only one day, the name of this new process may be misleading and may not be the most beneficial route for many couples for several reasons.
Your one day divorce will take more than one day
California law requires couples wait six months after filing for divorce before the dissolution of their marriage is finalized. This requirement is not waived in counties offering one day divorces. Additionally, due to the backed-up court systems, it is unlikely that you will get a court date for your one day divorce right after the six month period expires. Therefore, even though you may spend one day actually in court, the process will still take at least six months to complete.
You cannot have legal representation
The one day divorce process is for couples who are unrepresented by family law attorneys. Though many people may believe they can handle a divorce themselves, divorces involve mountains of complex paperwork, as well as highly complicated issues that can depend on many different factors. In order for the court to approve the divorce, you must have correctly filled out all paperwork, and you and your spouse must agree on all major issues, including property division, child custody, child support, spousal support, and more. Many individuals do not realize their rights or what is best for them regarding these issues, and a divorce attorney can provide invaluable assistance in making sure you receive a fair outcome. For this reason, it is not always in your best interest to forego representation just to attempt to speed through the divorce process.
You can achieve an efficient divorce in other ways
A one day divorce requires that you spend one day in court–and many couples spend hours of that day filling out paperwork and waiting for their turn in front of the judge. However, California courts also offer a Summary Dissolution of Marriage as an option for certain couples. In order to qualify, couples must be married for less than five years, have no children, and have limited property to divide. In this type of simplified divorce, you and your spouse must do the following:
- Both file a petition for dissolution of marriage;
- Wait six months;
- File a request for a final judgment.
In such cases, the court can grant the divorce without a hearing at all, so the spouses may never need to go before the judge in court at all.
Contact an experienced Santa Rosa family law attorney for help today
While a one day divorce may help some couples in eligible counties, it is risky for others. Obtaining the assistance of an experienced family lawyer is invaluable to make sure you receive a favorable outcome in your case. You do not want to put your children, property, and financial future on the line, so you should always have an attorney representing your best interests in this emotional time. Please call Beck Law, PC in Santa Rosa for help today.