Am not married yet, but just want to know my options.
You can divorce anytime you want, including after one week of marriage. The divorce process is the exact same whether you divorce after 1 week or 1 year or 10 years. The only difference is you won't have anything to divide so you will end up getting divorced quicker and with less headache than a long term marriage. There is still a mandatory 6 month waiting period for your divorce (meaning you cannot be declared divorced less than 6 months after serving the other party). If your marriage is less than 5 years you may qualify for an expedited divorce process called a summary dissolution. I say "may" because there are other requirements you must meet to qualify for a summary dissolution.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
Far better to admit a mistake early than live a lie for five years, have kids, and waste and ruin the rest of your life. Takes a strong person to admit a mistake. Good for you.
I agree with Ms. Campbell's answer. If you qualify for a summary dissolution, i.e. you have no children together, you have incurred no more than $6,000 in debt DURING THE MARRIAGE, neither of you own more than $43,000 in assets (net after liens, and not including cars), then you probably qualify for a Summary Dissolution.
The advantages are that it is a single form (the Joint Petition for Summary Dissolution), a single filing fee (saving you $435 right there), and it's a simpler process altogether. Here's a list of all of the forms that you'll need: http://www.courts.ca.gov/forms.htm?filter=SD
Here's the form that describes the process for you: http://www.courts.ca.gov/documents/fl810.pdf
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Yes you can. But why consider marriage? If you are second guessing this relationship then put the skids on marriage until you get certainty as to whether or not this person is a good or bad match for you. Frankly, as a former pastor before law practice, if you can't see yourself living with this person in an emotionally healthy relationship for the rest of your life, then time to move on and find that sort of person.
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