Four Ways to Get Out of Your Marriage Without Your Ex Taking Half of Your Stuff
Who is afraid of community property? It seems that most state legislatures in the United States
are. California is one of only a few states that follow the community property rule, which says
that each spouse is entitled to an equal share of marital property in the event of a divorce. The
other states are equitable distribution states, which means that the judge gets to decide on a case-
by-case basis which spouse gets what share of the marital property. What Californians miss
when they panic about their ex taking half in a divorce, as well as what the folks in other states
miss when they panic about their ex taking whatever the judge sees fit to give their ex, is that
these rules only apply when a divorce case goes to trial. If you can finalize your divorce without
a trial, one of you gets to keep more than half of the marital property, with or without the help of
a California family law attorney.
Summary Dissolution of Marriage
A summary dissolution of marriage is the fastest and cheapest way to get a divorce. You qualify
for summary dissolution if all of the following are true:
- Your marriage lasted less than five years
- You and your spouse do not have minor children together
- The value of your property is low
- Your outstanding debt balances are low
- Neither spouse wants alimony
- The wife is not pregnant
- You and your spouse agree on how you want to divide your marital property
With a summary dissolution, your divorce becomes final six months after you file the forms; you
never have to appear in court. You can also dissolve a domestic partnership through the summary
dissolution process.
Uncontested Divorce
Anyone can get an uncontested divorce, regardless of the length of the marriage, the value of
your assets and debts, and whether you have children. To get an uncontested divorce, both
spouses submit the divorce petition together, and then they submit their financial disclosures,
property settlement agreement, and, if they have minor children, their parenting plan. The only
prerequisite for uncontested divorce is agreeing with your ex about how to divide your assets,
debts, and parenting time, which is no simple task.
Collaborative Divorce
Rich people make divorce look easy. How do you divide millions of dollars of assets without
going to court? For those who can afford it, uncontested divorce is the final step in a process that
takes place in palatial law offices instead of in court. In a collaborative divorce, the parties hire
lawyers and negotiate until they reach an agreement that they can present to the court so that they
can file for an uncontested divorce; sometimes, they even hire a mediator.
Reaching a Settlement in Divorce Mediation
The 99% have the right to have a mediator help them decide how to divide their marital property,
too; in fact, this is how most divorce cases end. When a couple files for contested divorce, the
court refers them to mediation unless they have a history of domestic violence and restraining
orders. In most cases, the couple reaches an agreement about property division during mediation;
the case only goes to trial if they cannot reach an agreement through mediation.
Contact SNR Law Group About Keeping Your Divorce Simple
A family law attorney can help you accomplish your divorce without going to trial, where the
judge will inevitably award half of your marital property to your ex. Contact SNR Law Group in
Tustin, California, to discuss your case.
Sources:
https://www.courts.ca.gov/documents/fl810.pdf
https://selfhelp.courts.ca.gov/divorce-california/summary-dissolution/start