Do you know the best way to get a simple divorce in California? The simplest way is to get one by default. Before I tell you how a default divorce works, let me explain to you what it is. For those of you who already know, you can skip the next paragraph, but for those who do not have a clue about a default divorce, then I suggest that you continue reading.
First, let's remember the two main characters in a divorce: the Petitioner and the Respondent. The Petitioner is the one who files for divorce, while the Respondent is the other spouse. In a divorce, the Respondent is served with the Petition. The Respondent is give 30 days to respond, but if he does not, then the case is considered as default. This means that the Respondent had not involvement whatsoever in the case. However, keep in mind that a default divorce is only recommended if you do not have any children, do not have a lot of property, and do not need partner or spousal support. It should also be used if the Respondent is not around anymore or simply does not care. If he or she does care, though, then a Response should be filed.
So moving on, one of the most important aspects in getting a simple divorce is the notice. It is highly very important to let your spouse know that you want to get a divorce by sending him a Summons and a copy of your Petition. This way, your spouse knows all the details regarding about the divorce. If you don't let your spouse know about it, then the court cannot act in your case.
Not just anybody can serve the Summons and Petition for a simple divorce; there are certain criteria that need to be met. Neither spouse can serve the papers since they are directly involved in the case (in fact, it revolves around them!), but aside from them, almost anybody else can. The person must be at least 18 years in age. A relative of the Petitioner can even serve the papers, but it would be better if someone who is unrelated by blood does it.
There are even professional process servers that you can hire to serve the papers needed to get a simple divorce! Take note also that a server need not be a citizen of our country, but a Proof of Service form is required of every person who serves papers.
A Proof of Service is a very important document in a simple divorce. It is proof that says that the legal papers were served to the other party after a series of certain steps were carried out. The main purpose of this is so that the court knows that the notice of action was really given. This is filed after your spouse is served with the Summons and Petition.
Since we've already tackled who can serve the legal papers, let us now talk about who can get served the papers in a simple divorce.
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Ed Sherman is the author of How to Do Your Own Divorce in California and the divorce expert attorney famous for founding Nolo Press and the self-help law movement. Since 1971, his books and software have saved divorcing couples BILLIONS of dollars in legal fees. He owns www.CaliforniaDivorceForms.org, where he provides comprehensive advice and tips on how to get the best possible California divorce.