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dylatess, Attorney
Category: Family Law
Satisfied Customers: 5156
Experience:  37 plus years representing clients with their legal issues
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I live in California - my spouse and i have agreed upon an

Customer Question

i live in California - my spouse and i have agreed upon an amicable divorce, we both do not want court intervention, we have both agreed that between the two of us we can work out all incidentals involving housing, children and monies. we both would just like to file paperwork and complete the proceedings in the quickies and easiest process....what is required with regards ***** ***** to file ?
Submitted: 12 months ago.
Category: Family Law
Expert:  dylatess replied 12 months ago.

In CA, if there are children and/or real estate, you cannot use the simplified Summary Judgment process whereby you only check off boxes and sign. Instead, when there are children and property to divide, one of you must initiate the process by filing a petition for dissolution followed by the other party filing a response. Thereafter, you can together file a property settlement statement as well as a plan for custody/support. Note, this gets tricky and I do advise you retain one attorney to represent both of you if things are amicable. The cost for an attorney should be a flat fee if all issues are resolved.