Do we have to go to court?

The short answer is no, you never have to set a foot in a courtroom if you and the other parent and/or spouse can reach an agreement (also known as a stipulation). An entire divorce action (status, property, custody, visitation, child support, spousal support and attorney's fees) can be served and filed by mail, negating the need for your feet ever to have to hit the courthouse steps.

Obviously this is a much faster and less expensive way to complete your family law matter...and may even beg the question, "If you get along so well, why aren't you still together?" Yet, I realize that many people make better friends than partners and the ability to co-exist and/or co-parent without acrimony is nothing but a plus for your children.

For more information regarding California Family Law contact Stone Law Group in Fresno at (559) 226-1910.

What is the Quickest Way to Divorce?

The quickest and least expensive way to bring your marriage to a conclusion is by agreement.  If the parties are able to agree on all issues (such as custody, visitation, property division, child support, and spousal support), then it is a relatively simple matter of memorializing that agreement in the proper legal format, having the parties sign the documents and filing the "Judgment" with the Court.  However, a judgment can be done relatively quick.  However, this does not make you a divorced person.  In order for the Court to terminate your status as a married person, six month and one day have to elapse following the service of the initial divorce documents (Summons and Petition for Dissolution of Marriage), have been served upon the other person.  Thus, you could have a Judgment for 'Divorce,' but not be a 'divorced' person yet.

Similarly, there are times that people will separate out the issue of their marital status from the other issues mentioned above and become 'divorced' before the property and/or custody have been decided.

A word of warning...You are not free to remarry until your marital status has been terminated; and just because six months and one day have elapsed, your marital status does not automatically terminate.  Documents must be filed with the Court for this to occur.

For more information regarding California Family Law contact Stone Law Group at (559) 226-1910.