Best way to Divorce my American Husband

[Yellowhead 12]

My husband and I have been separated for a year and plan on filing for divorce next week. We have been married since May 2011 and we have been separated since February 3, 2013. I was living in Sacramento, California and moved back to Canada on this date. We are filing in California and have been debating our options. I am traveling to California this week to move my belongings back to Canada and to file the paperwork.

We are curious what would be the cheapest/easiest option for divorce in Sacramento County based on the fact that we have no shared assets, no dispute over property, no children, no shared debt (I only have student loans from pre-marriage), and nothing we are contesting. We just want out so we can move on with our lives. I have researched the summary dissolution option for which we are eligible, but I have been told this process is actually twice the price and equally complicated as other options. Just seeking some information that might help me make a decision. I don't know the timeframes or process for a no fault divorce or hybrid case. I also don't plan on returning to California so whatever option would allow for me to handle the process from Canada would be ideal. Any advice?

[PallasAthena 101]

A quick google search shows: https://www.google.com/search?q=quick+divorce+canada&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=sb#channel=sb&q=quick+divorce+sacramento&rls=org.mozilla:en-US:official

Edited May 6, 2014 by SofiaIsabella

[Yellowhead 12]

http://www.divorcecanada.ca/

http://www.ezdivorce.ca/

http://divorce-canada.ca/

and a quick google search turns up: https://www.google.com/search?q=quick+divorce+canada&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&channel=sb

We are divorcing in California. I do know how to use google. Just looking for some personal opinions and experience.

[PallasAthena 101]

Yes I misread your question and edited my post. Sacramento has a one day divorce program: http://www.saccourt.ca.gov/family/one-day-divorce.aspx

[elmcitymaven 9,712]

My ex and I both live in LA, and like you we had no kids, assets, big debts, etc. We were splitting amicably and had been married fewer than five years at the time of separation. We went for a summary dissolution and did it all ourselves. Whoever told you it costs twice as much as a divorce is smoking crack -- it costs half or even less than a standard divorce. This is because you are filing jointly, so there is only the initial filing fee (which in Sacramento County is currently $435). The respondent does not need to answer; in a standard divorce the respondent must file an answer and there is an attendant fee for first appearance (which is also $435). Add on to that the fact that standard divorces in CA involve more -- considerably more -- paperwork, so you'd probably want to consult with an attorney. More $$$$$. Oh, and you have to serve divorce papers on the respondent, and since you would be a party with interest in the matter, you'd need to get a process server (more $$$$$) or other uninterested party to serve it.

I found the process very painless. We filled out the form and our financial worksheets (which you hold onto), wrote up a settlement agreement using a template provided on the court website, went down to Santa Monica Courthouse and filed everything with the fee. Six months later, I went back down to the courthouse and filed the judgment. It took another month for the judgment to be entered -- the marriage was over from a date six months after filing (and this is reflected on the face of the judgment), but until I got the entered judgment we were both unable to get remarried to others (neither of us wanted to do that anyway!).

There may be different local rules in your county, and I highly recommend you make an enquiry to see what may be required. I checked the Sacramento County Court website on divorce and it doesn't have much info on summary dissolution, so start with the California Courts website: http://www.courts.ca.gov/1241.htm As I said, we did it (and when I say we, I mean "I") ourselves. If you filled in a USCIS form or two in your life, you can do this no sweat.

[elmcitymaven 9,712]

Yes I misread your question and edited my post. Sacramento has a one day divorce program: http://www.saccourt.ca.gov/family/one-day-divorce.aspx

This really isn't relevant for her, because it's for people who have already begun the process of a standard divorce and are ready for judgment. There are also income requirements which she may exceed, and it's geared for divorce, not summary dissolution. Given the facts she's posted, she sounds like a candidate for summary dissolution.