Sacramento Dissolution of Marriage Lawyer

Sacramento Dissolution of Marriage Attorney

The decision to divorce your spouse or dissolve your marriage is a hard one to make, but knowing what your options are can ease some of the burden. Both are legal ways to end a marriage, though the process may look a bit different. A Sacramento dissolution of marriage lawyer can discuss all these possibilities as they relate to your specific circumstances.

Why Choose Us?

At the Law Offices of Dianne M. Fetzer, we have years of legal experience fighting for our clients’ rights. We can aim to make your case as smooth as possible by assisting you at each stage of the dissolution of marriage process. We can address all of your interests, including division of assets and child custody. Ending a marriage can be extraordinarily challenging, but with our help, you can achieve peace of mind and confidence stepping into this new stage of your life.

What Is a Dissolution of Marriage?

California’s dissolution of marriage offers a quick, no-fault option for couples looking to end their marriage on good terms. In contrast to traditional divorce, dissolution involves both spouses negotiating and mutually agreeing on every detail of their separation, such as division of property, payment of debt, and child custody if necessary.

This working process involves drafting a detailed separation contract that serves as the basis for a joint petition to end the marriage. Dissolution removes the need for conflictual hearings or prolonged court proceedings, which makes it less complex and combative than a typical divorce.

When the agreement is signed and filed, a quick merits hearing by the court is held to consider and uphold the dissolution. This method tends to save time and legal fees, and it is a great solution for couples who can agree on how to settle their differences.

However, as the separation contract is the basis of the dissolution, it is necessary to make sure that it is a fair and equitable contract. You should consult with a professional attorney to ensure that your rights are secured and your property is protected.

Dissolution of Marriage Requirements in California

For those who qualify, California offers a summary dissolution for couples so they can have a simpler process of ending their marriage. However, they must meet certain requirements in order to do so. These requirements include:

• At least one of the spouses must have lived in the state for six months and in the filing county for three months.
• The marriage must have lasted less than five years.
• The couple cannot have any children together, and neither spouse can be pregnant at the time.
• There is a limit on the amount of debt and assets the couple must have together.
• Neither spouse can request alimony.
• The couple must agree on terms of asset division and sign an agreement saying so.

The Difference Between Divorce and Dissolution

The biggest difference between divorce and dissolution is the manner and severity of conflict. Divorce is typically sought when one spouse accuses the other of being to blame for divorce or when the parties cannot agree on the important questions of property, custody, or spousal support.

The usual fault grounds used in some states are adultery, excessive cruelty, or persistent drunkenness; though, in California, irreconcilable differences are the dominant basis for divorce. Divorce typically requires litigation to settle a dispute, which takes time and can be expensive.

Dissolution, by contrast, is a non-fault, collaborative process where each spouse negotiates all the terms of their separation before going to court. That would include dividing the property, paying debts, and custodial issues, if any. Since dissolution does not involve the courts during negotiations, it tends to be quicker, less adversarial, and less costly than divorce.

Dissolution requires total mutual consent between spouses and is not an appropriate avenue for couples with unresolved conflicts. Knowing the difference between a divorce and a dissolution of marriage can enable individuals and couples to make the most appropriate decision for their situation. If you are unsure, discuss your needs with an attorney, and our Sacramento family law attorneys can help you decide.

FAQs

How Is the Court Involved in Dissolution of Marriage?

When a dissolution of marriage occurs in Sacramento, the court only reviews the separation plan and enforces compliance with California law. A short hearing is arranged to complete the dissolution with very little court involvement, unlike a contested divorce, which may require several hearings for spouses to come to an agreement. Since the terms are already agreed upon, the court does not need to be involved as much.

What If My Spouse and I Can’t Agree on a Dissolution?

If you and your spouse cannot agree on the terms of your dissolution of marriage, you may need to transition to a contested divorce. While this process can be lengthier and more costly, this can ensure that both spouses are heard and that decisions can lawfully be made regarding any areas of disagreement. Typically, the court will make these decisions for you.

How Long Does a Dissolution of Marriage Take in California?

A divorce in California typically takes at least six months, given the state’s compulsory waiting period. This time period commences on the date the petition is served. If the parties have final terms and all of the paperwork is processed in a timely fashion, then the transaction can be completed within a few days of the waiting period. However, it can be delayed if further documents or clarifications are required.

How Much Is a Dissolution in California?

California dissolution fees vary based on court filing fees and additional fees for hiring an attorney. Getting it done by yourself can save money, but having an attorney on your side ensures that your separation agreement is equitably drafted, protecting your property. The total cost is usually lower than a contested divorce because dissolution is done collaboratively and doesn’t involve a lengthy court process.

Contact the Law Offices of Dianne M. Fetzer Today

Ending a marriage can be difficult, but it does not have to be contentious. If you and your spouse agree on terms to end the marriage, the Law Offices of Dianne M. Fetzer can help you with your dissolution of marriage. Contact us today to get started.