Can I file for a divorce without going to court in a military divorce?
In a military divorce in California, it is possible to file for divorce without going to court. This process is known as a “Summary Dissolution” and it is available to couples that meet certain requirements. To be eligible for a Summary Dissolution, both spouses must agree to the divorce and their marriage must be shorter than five years in length. Additionally, the spouses must not have any minor children and they must agree on the division of their assets and debts. If these criteria are met, then both spouses can sign a Request for Summary Dissolution of Marriage form and submit it to the court for review. If the court approves the request, then a Summary Dissolution of Marriage judgment can be given without a court hearing. This means that couples can avoid the potential hassle and expense of appearing before a judge. However, it is important to note that this process is not always for everyone. If the spouses have disagreements about property, support payments or other issues, then the court hearing may be necessary to resolve the dispute. Additionally, if the spouses have minor children or if the marriage has lasted more than five years, then a Summary Dissolution will not be an option. Even if a Summary Dissolution is not possible, it is still possible to file for a divorce without going to court. Both spouses can submit a marital settlement agreement to the court, which is a document outlining the terms of the divorce. This document also has to be accepted by the court in order for it to be legally binding. If both spouses are in agreement, then the court may be able to approve the settlement agreement without a formal court hearing.
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