Do you know the easiest and best way to get a simple divorce in California? You may be surprised, because the easiest way is by default. If you want to know more about how to get a divorce by default, then you're in luck because this article will tell you exactly how to do so.
To give you a clear picture of how to get a default divorce in the state of California, let me tell you what a lawsuit is. A lawsuit is a civil action brought before a court of law. It has two parties, and in a divorce case, these two parties are the Petitioner and the Respondent. If the case ends up in court, there is an impartial authority who conducts the case, and this person is the judge.
Of course, a divorce case has to be fair. Both sides have to be on equal footing. This can not be possible if one party does not know that a divorce is about to happen, or is already happening. This is why it is required that the Petitioner must serve the Respondent with divorce papers. Just to help you understand, the Petitioner is the one who files for the divorce. He or she is the party that gets it started. The other party is called the Respondent.
Why is serving notice on your spouse so important? Keep in mind that not only is it important, but it is also required. You have to send your spouse a Summons and a copy of your Petition. This is not a step in the process that you can skip. You actually need to prove to the court that you've already sent these dispute papers to the other party (we'll talk about how to do this in a while) before your case can proceed. If you can not give the court any proof, then it can not act on your case.
After your spouse receives the Summons and the Petition, he or she will have 30 days to file a Response. If a response is not filed, this can mean that your spouse is accepting the divorce. If this is the case, a default divorce case will happen, which is the easiest and simplest way to untie the knot. This makes things very straightforward for you. Whether or not it's the best thing for your spouse is another matter.
If your spouse does not respond when served with divorce papers, he or she is giving up their right to have any say in the dispute settlement. Maybe they do not care, or maybe there are not any significant assets or debts between the two of you to make any difference.
However, in my experience, if there are assets, debts, or minor children involved, it's usually best for both parties to participate in their divorce. This often leads to better compliance with the terms of the divorce, better post-dispute relations, and better cooperation with co-parenting later. These are all things that will benefit you, even though you will no longer have a simple default divorce.
Since serving divorce papers is such an important part of getting a simple divorce by default, let's talk a little more about it.
First, who gets served? The dispute papers, specifically the Summons and the Petition, are always served on the other spouse.
Second, who can serve? If you're the Petitioner, then you can not do it. In fact, neither spouse can serve, but most other people can. There are just a few guidelines that have to be met and followed. The person just has to be at least 18 years old. Even a relative of yours can do it, but it would be better if you chose someone not related to you.
A third and very important aspect in getting a simple divorce by default in California is the Proof of Service. This is a declaration swearing that specific steps were taken to serve papers on your spouse, so that the court can be certain that the notice of action was handled correctly.