Most people, when they hear the word “divorce,” picture a heated legal dispute with two opposing sides battling it out in court, but divorce doesn’t always have to be contentious. When both parties are in agreement about ending their marriage and dealing with any divorce-related issues like property division, child custody and spousal support, the process is far simpler and more amicable. Uncontested divorce in Fresno means there are no disputes regarding the key issues in a couple’s divorce, and because of this, the uncontested divorce process is generally faster and less expensive than the alternative, which is known as contested divorce. If you are contemplating filing for uncontested divorce in Fresno, contact our knowledgeable uncontested divorce lawyers at (619) Divorce to find out how we can help you navigate the process with minimal stress, time and expense.
Table of Contents Fresno Uncontested Divorce
Affordable Uncontested Divorce Lawyer in Fresno
Divorce is, by its very nature, an adversarial process. Couples generally pursue divorce because they can’t get along and that can make the process of spouses separating their lives, dividing their shared property and determining child custody and other sensitives matters extremely difficult. Although it is not uncommon for divorces in Fresno to be contested, there are a number of benefits to pursuing divorce through the uncontested process. Not only is uncontested divorce less costly and time-consuming, it also allows couples to retain control over the outcome of their case and the terms of their divorce settlement agreement. In a contested divorce, the key terms of a couple’s divorce are decided on by a judge who knows little to nothing about their personal relationship and who should get what. Our Fresno divorce lawyers at (619) Divorce know how stressful and painful divorce can be, and we are committed to helping our clients resolve their divorce cases quickly and easily, with the best possible outcome. Our legal team is experienced in all divorce and family law matters, including child custody and spousal support, and we offer the highest quality representation for uncontested divorce in Fresno. Contact our firm today to schedule a free consultation.
How Fresno Uncontested Divorce Works
There are two main kinds of divorce in Fresno: contested and uncontested. An uncontested divorce is one in which the divorcing spouses are not fighting in court about issues like property division, spousal support, child custody, visitation and child support. This situation typically arises when one spouse files a petition for divorce and the other spouse files a response, but the couple has an agreement about all major issues in the divorce. Conversely, a contested divorce is one in which divorcing spouses cannot agree on one or more key issues and must go to court and have a judge decide for them. In some cases, spouses in a contested divorce can negotiate an agreement before the court date, with the help of their attorneys, through mediation or by some other process. If they can’t, their case will go to trial.
Qualifying for Divorce in Fresno
When it comes to divorce, California is a no-fault state, which means a spouse who wants to end his or her marriage can ask for a divorce without having to prove that the other spouse did anything wrong. In Fresno, the most common ground for a no-fault divorce is “irreconcilable differences,” which simply means the spouses couldn’t get along in marriage. It isn’t even necessary for both spouses to agree to end their marriage. If you want a divorce and your spouse doesn’t, he or she can’t force you to stay in the relationship, nor can he or she prevent you from going through with the divorce by refusing to participate in the case. If you file a petition for divorce and your spouse fails to respond to the petition and you don’t have a written agreement about the terms of your divorce, a “default” judgment will be issued and the case will move forward. There are certain residency requirements you must meet in order to get a divorce in California. If you plan to file a petition for divorce in Fresno County, you or your spouse must have lived in the county for at least three months and in the state of California for at least six months immediately prior to filing the petition. If you want to ask the court for a divorce and you meet the residency requirements for Fresno County, you can go ahead and file the divorce petition with the Superior Court of California for the County of Fresno. The court’s Family Law Department handles such actions as divorce, child custody and visitation, child support, spousal support and marital property division, among others.
The Fresno Uncontested Divorce Process
Each uncontested divorce is unique and how your divorce case plays out depends a great deal on the specific circumstances of your case. For some couples, the uncontested divorce process is as simple as filing the correct paperwork, drawing up a mutually agreeable settlement agreement and getting the divorce finalized by the court. For others, it falls to their attorneys to hammer out a final agreement that they can both live with. A successful uncontested divorce has everything to do with how well the divorcing spouses can work together and resolve the issues in their divorce outside of court. The following is the basic structure of the uncontested divorce process in Fresno:
- The spouse asking for a divorce, known as the petitioner, files the divorce petition with the court and serves the petition and summons on the other spouse.
- The other spouse, known as the respondent, has 30 days to file a response with the court.
- If the spouses agree on all the terms and conditions of their divorce, they can submit their agreement to the court for approval. If they don’t agree, they can get help working out their disputes from a mediator or their attorneys and avoid going to court.
- The spouses obtain and complete all the required divorce forms, including any local forms they may need, and file the forms with the court.
- The spouses exchange financial documents outlining what they own and how much they owe.
- The court approves and signs the judgment.
The court won’t finalize a Fresno divorce until six months have passed from the date the case is filed and the respondent is served with a copy of the petitioner’s paperwork. Furthermore, a divorce doesn’t automatically become final on its own after the six months have passed. One or both spouses will have to file additional paperwork before that happens, so it is important to follow all of the necessary steps to make sure you complete your divorce.
How a Fresno Uncontested Divorce Lawyer Can Help
In any divorce case, there is a lot on the line and tensions tend to run high when a couple is ending their marriage and separating their lives. That is why having a knowledgeable divorce lawyer on your side can be a valuable asset in your case. No matter how amicable your split may be, divorce has a way of bringing out the worst in people and you want to make sure you are prepared for anything that comes at you in your case. California law says that you have the right to represent yourself in your uncontested divorce, but we always recommend consulting a divorce lawyer with experience handling cases like yours. It is far too easy to make a mistake during the divorce process and you don’t want to end up delaying your divorce or making your case more complicated than it has to be. Our Fresno divorce lawyers can help you navigate the divorce process and stay focused on your goals, helping you get the best possible result. Depending on the circumstances of the divorce case, a good divorce lawyer may even be able to facilitate a divorce settlement agreement between hostile spouses who can’t seem to agree on anything. Even in strained, stressful situations, divorcing spouses may be capable of reaching a fair resolution through the uncontested divorce process, especially if they have knowledgeable attorneys working with them. Besides being faster and less expensive, uncontested divorce is also less contentious than contested divorce, which is in the best interest of everyone involved. That being said, there are certain situations in which uncontested divorce is impossible. Should you and your spouse find that there are certain terms you simply can’t agree on, our divorce lawyers are prepared to skillfully represent you in court and ensure that your rights and best interests are protected throughout the court process.
Consult Our Fresno Uncontested Divorce Lawyers Today
Some divorcing couples in Fresno are able to communicate and negotiate their way through a smooth uncontested divorce, while others find the process to be much more challenging. Whether you and your spouse are in complete agreement about how the issues in your divorce should be handled, or you are having a hard time resolving disputes about how to divide your property or who your children should live with, it is imperative that you have the most experienced and knowledgeable divorce lawyer on your side when filing for divorce in Fresno. The decisions made in your divorce case can affect you and your loved ones for years to come and you want to make sure you know your legal rights and understand what you are agreeing to in the settlement. For more than a decade, our divorce lawyers have helped clients in Fresno and the surrounding area expertly navigate the uncontested divorce process and we can help you, too. Consult our Fresno divorce lawyers at (619) Divorce today.