An uncontested divorce is when two spouses who want to end their marriage agree to the terms of their divorce without going to court and having the settlement ruled on by a judge. The uncontested divorce process in Newport Beach can be as simple as filing the correct documents, working out an agreement with your spouse, waiting the appropriate amount of time and getting the divorce finalized by the court. In many uncontested divorces, the spouses hire attorneys to help with the negotiation process, hammer out a final agreement and improve their chances of the agreement being approved by the court. The bottom line is that your specific situation is unique and how your divorce case plays out has everything to do with how easily you and your spouse are able to reach an agreement that you can both live with. The best way to ensure that your divorce proceeds as smoothly as possible is to contact a reputable attorney who specializes in Newport Beach divorce cases. Contact (619) Divorce today to schedule a free consultation with our experienced Newport Beach uncontested divorce lawyers.
Table of Contents Newport Beach Uncontested Divorce
Trusted Divorce Lawyer in Newport Beach
When a married couple in Newport Beach decides to end their marriage, there are a number of issues they must agree upon before their divorce can be finalized, including spousal support, child custody, child support, visitation, property division and other important matters. When divorcing spouses are able to reach an amicable agreement regarding the terms of their divorce and negotiate a settlement agreement outside of court through the uncontested process, their divorce becomes significantly more civil and productive. Sometimes spouses can negotiate the terms of their divorce on their own, but it often takes the expertise of an attorney who knows the ins and outs of divorce law and can ensure that the agreement reached is fair and equitable. Our divorce lawyers at (619) Divorce have represented clients in divorce and family law cases in Newport Beach and the surrounding area for more than a decade and we know what it takes to get the outcome you want in your divorce. Contact our law firm today to speak to an experienced Newport Beach uncontested divorce lawyer.
Uncontested Divorce vs. Contested Divorce
There are two main types of divorce in Newport Beach. You now know a little bit about uncontested divorce, which is when the spouses agree on all divorce-related issues, like spousal support and property division, and don’t have to go to court to battle it out before a judge. The other kind of divorce is known as a contested divorce. This is when there are one or more disputes in a divorce and the spouses aren’t able to work through them on their own, with the help of their attorneys, or through mediation or some another dispute resolution process. In this situation, the couple will have to go to trial, where a judge will hear both sides of the case and come to a decision on any issues that are contested, or disputed.
Newport Uncontested Divorce Basics
Uncontested divorce is about being able to negotiate a settlement agreement that works for everyone. The greatest advantage of the uncontested divorce process is the fact that it gives the divorcing spouses control over their divorce settlement. No couple wants personal matters like where their children will live or who will get the marital home decided by a judge who knows little about the dynamics of their family. Rather than arguing these issues in a long, drawn out court battle, couples can make their own decisions about their property, children and support issues through the uncontested divorce process. If you are contemplating divorce in Newport Beach, you will want to know as much as possible about how the uncontested divorce process works. The following are the basic steps in the court process for an uncontested divorce:
- The spouse initiating the divorce, known as the petitioner, files a petition for divorce in the Orange County Superior Court of California.
- The petitioner serves the petition and summons on the other spouse, known as the respondent.
- The respondent has 30 days to respond to the petition. If the divorce is uncontested, there are two ways this can play out: the respondent does not file a response and the spouses have an agreement about their divorce, or the respondent does file a response and the spouses have an agreement about their divorce.
- The spouses exchange financial documents showing what assets and property they own and what debts they owe.
- The court approves and signs a judgment, thereby finalizing the divorce. This won’t happen until at least six months after the case is filed and the respondent has been served with the petitioner’s paperwork.
Qualifying for Divorce in Newport Beach
Under California divorce law, the requirements for qualifying for divorce are fairly minimal. Because California is a no-fault divorce state, a spouse asking for a divorce in Newport Beach is not required to prove any wrongdoing on the part of the other spouse to qualify for divorce. He or she can simply cite “irreconcilable differences” as the grounds for divorce, meaning the couple couldn’t get along. The other spouse doesn’t even have to agree to end the marriage for a Newport Beach divorce to proceed. If you want a divorce, your spouse can’t force you to remain in the relationship, nor can he or she stop the divorce from happening by refusing to participate in the case. There are certain residency requirements that go along with filing for divorce in the state of California. To get a divorce in Newport Beach, you or your spouse must have lived in California for at least six months and in the county where you plan to file the divorce petition for at least three months before filing. You should also know that there is a mandatory six-month waiting period for divorces in California, beginning from the date of service of the divorce petition. Even if you are diligent in filing your paperwork and reaching a settlement agreement with your spouse, you will still have to wait until the six-month mark for your divorce to be finalized by the court. Keep in mind that six months is the least amount of time a Newport Beach divorce can take. Some divorces take much longer.
What an Uncontested Divorce Lawyer Can Do for You
The process of obtaining a divorce in Newport Beach depends on a number of factors, most importantly, whether the spouses can reach an agreement about the terms of their divorce. Because the uncontested divorce process takes less time and isn’t as expensive or complicated as the contested divorce process usually is, most couples pursuing a divorce in Newport Beach opt for an uncontested divorce, if their situation allows it. There are situations in which uncontested divorce is not possible, however. For instance, one or both spouses in a divorce case may make unreasonable, non-negotiable demands or refuse to agree to fair compromises, in which case a trial may become unavoidable. Whenever possible, our divorce lawyers at (619) Divorce will guide divorcing spouses to a resolution that they can both agree to and help them avoid court altogether. The extent to which you need an attorney for your uncontested divorce depends on the complexity of your case. Legally, you have the right to represent yourself in your uncontested divorce case. However, it is important to remember that the outcome of your divorce depends a great deal on how your case is handled. If you aren’t familiar with divorce law or the divorce process in Newport Beach, you may end up making a mistake that delays or compromises your case. Even if you and your spouse agree on all issues in your divorce, it is a good idea to have an attorney on your side who can advise you on your legal rights, review your settlement agreement and ensure that you understand what it is you are agreeing to in the settlement. A good divorce lawyer may even be able to help hostile couples who disagree on all issues in their divorce negotiate a mutually acceptable agreement and avoid going to court, which is generally the best-case scenario in divorce.
Contact Our Newport Beach Divorce Lawyers for Help
Getting a divorce in Newport Beach can be a complicated, stressful and time-consuming process, especially if you have children together or you own a lot of property or have a significant amount of debt. When going through a divorce, especially a divorce with multiple complicating issues, it is easy to get caught up in the emotional aspect of ending your marriage and fighting for what you believe you deserve. With a knowledgeable divorce lawyer in your corner, you can stay focused on your goals and see your divorce through to the best possible outcome. Our Newport Beach divorce lawyers at (619) Divorce are experienced in all matters of California divorce and family law, including property division, support and custody issues, and we can help you negotiate a fair and reasonable divorce settlement that is in your best interest and the best interest of your children, if you have any. Schedule a consultation with our reputable legal team today by calling (619) 503-3050.