How to Write a Divorce Agreement in California Start with basic information. Outline asset and debt division. Specify spousal support terms. Detail child custody and support. Include a dispute resolution clause. Finalize with signatures and notarization. Submit the agreement to the Court.
If you've been married less than five years and have no children, you may qualify for a simpler way to get divorced (summary dissolution).
A: There is no amount of time a couple has to be married to get half of the marital property. California is a community property state, which means each spouse is entitled to half of their marital property during the division of assets. This is true regardless of the length of their marriage.
If you're not able to use the summary dissolution procedure, then the necessary paperwork used to begin a California uncontested divorce case are the Petition for Dissolution (Divorce) of Marriage/Domestic Partnership (Form FL-100), and Summons (Form FL-110).
During arbitration, you and your spouse will each state your cases, with or without legal representatives, along with evidence to support your argument. The panel of judges will listen to both sides and decide things such as asset division, spousal support, child custody and child support.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.
Both sides will give opening and closing statements, present evidence, and call and cross examine witnesses in front of the arbitrator. After each side presents their case, the arbitrator will issue their decision within the time allotted in the arbitration agreement.
Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.