Most couples, when they get married, can’t imagine going through a divorce down the road. Unfortunately, divorce is a fairly common occurrence in California and throughout the United States, with 40-50% of marriages ending in divorce. For many Riverside couples who decide to end their marriage, litigation can get messy, especially if there are complicating factors involved, like significant assets or child custody arrangements, which is why we encourage divorcing spouses try to avoid a legal battle and work to settle their differences outside of a courtroom, through the uncontested divorce process. If you are contemplating getting a divorce in Riverside, even if your divorce is uncontested, you will want an attorney on your side who specializes in Riverside divorces, so you can make sure you don’t make any errors or encounter any problems that could compromise or delay your case.
Table of Contents Riverside Uncontested Divorce Lawyer
Trusted Uncontested Divorce Lawyer in Riverside
It is a known fact that divorce can be difficult, unpleasant and expensive, even in the best of circumstances. In uncontested divorces, however, spouses who don’t have major disagreements about key issues in their divorce can reach an agreement on the terms of their divorce settlement and avoid litigation altogether, which is the best-case scenario for any divorcing couple. The best part about an uncontested divorce is the fact that it typically takes less time, costs less and allows the spouses to maintain maximum control over their divorce. The tricky part is the fact that it requires spouses who may not always see eye to eye to compromise and obtain a settlement that they can both agree with. If they aren’t able to do so, if there are one or more issues they can’t agree on, the divorce will be considered contested and the case will be decided in court before a judge. Each uncontested divorce in Riverside is unique, with different facts, issues and conditions that can have an impact on the outcome of the case. The best way to prepare yourself for the uncontested divorce process is to plan your case ahead of time and gather as much information as possible about how Riverside divorce works. Get in touch with a Riverside divorce lawyer who has experience handling cases like yours and ask questions about how you should handle your case. Planning out your case in advance, consulting an attorney about your uncontested divorce and being prepared for any potential complications can save you time and money as you go through the divorce process. Contact (619) Divorce to discuss your case with a trusted Riverside uncontested divorce lawyer.
The Basics of Uncontested Divorce in Riverside
If given the choice between contested divorce and uncontested divorce, most couples in Riverside would choose the uncontested process since it is generally easier and faster, but getting an uncontested divorce is about more than just filling out some paperwork and submitting it to the court. Before your uncontested divorce can be finalized, you and your spouse will have to agree on the terms of your divorce settlement. That means reaching a mutually acceptable resolution regarding any issues related to your divorce, which may include some or all of the following:
- Division of property
- Division of debts
- Child custody
- Visitation
- Child support
- Spousal support
Advantages of an Uncontested Divorce
Compared to a contested divorce, the uncontested divorce process is typically shorter and more straightforward, which also makes the cost of an uncontested divorce substantially less. If you and your spouse can reach a fair divorce settlement on your own or through mediation, you can save thousands of dollars in legal fees. You can also make sure you have a say in the decisions made in your case, including who will get the house, how your shared assets will be distributed and where your children will live. If your case goes to trial, the judge overseeing your case will be the one making the final decision about these issues, which isn’t the best way to make sure you get what you want. As you can see, there are a number of advantages to the uncontested divorce process. However, uncontested divorce isn’t a good fit for everyone. If there are multiple complicating factors involved in your case, such as children, significant assets or debts, or a large estate, you may find it impossible to reach a reasonable compromise, making an uncontested divorce implausible.
Filing for Divorce in Riverside
Residency Requirements
The state of California has strict residency requirements when it comes to qualifying for divorce. If you want to file for divorce in Riverside, either you or your spouse must have been a resident of Riverside County for three months and a resident of California for six months before the divorce petition is filed. When you are ready to file the divorce petition, you will do so with the Superior Court of California for the County of Riverside. Once you, the petitioner, have filed the petition and served the petition and summons on your spouse, your spouse, known as the respondent, will have 30 days to file a response with the court. Technically, it doesn’t matter who files for divorce first in Riverside, as there is no advantage to being the petitioner or disadvantage to being the respondent.
No-Fault Divorce
California is a no-fault state in terms of divorce, which means the spouse asking for a divorce doesn’t have to prove that the other spouse did something wrong. To get a no-fault divorce in Riverside, the spouse simply has to state that the couple can’t get along, which is known in legal terms as “irreconcilable differences.” It isn’t even necessary for both spouses to agree to end their marriage under California divorce law. One spouse cannot force the other to stay in a relationship if he or she doesn’t want to. If you want a divorce and your spouse doesn’t, your spouse can’t prevent the divorce from moving forward by refusing to participate in the case. The court will simply issue a “default” judgment and the case will proceed. In this situation, you will likely be granted whatever it is you asked for in the divorce petition.
Mandatory Waiting Period
Many states have laws in place that require a mandatory waiting period before a divorce can be finalized, which is designed to give couples ample time to reconcile, if they choose to do so. In California, it takes a minimum of six months from the date the divorce papers are served on the other party for a divorce to be finalized by the court. Most uncontested divorces are relatively straightforward and can be completed fairly quickly, so long as the couple is able to resolve the terms of their divorce in a timely manner. However, because of the waiting period, even if you and your spouse are diligent in preparing your divorce documents and negotiating a settlement agreement, you will still have to wait six months for the court to finalize your divorce.
What an Uncontested Divorce Lawyer Can Do for You
Ending a marriage is never a simple process and going through a divorce will likely be one of the most challenging and stressful things you will ever do. When you hire a qualified divorce lawyer to handle your case, you can make the process far simpler and improve your chances of reaching an amicable resolution to your divorce issues. You can also avoid arguing your case in court. Our lawyers have more than a decade of experience handling uncontested divorces in Riverside and the surrounding area and we can assist you with the details of your uncontested divorce by helping to:
- Resolve any property, financial or custody disputes
- Write up and finalize your divorce settlement agreement with your spouse
- Determine what forms and documents are required to be included in your divorce paperwork
- Prepare and file the necessary documents
- Arrange for service of the documents on your spouse
- Coordinate the signing of the final documents
It is our primary objective to help guide you toward a fair and reasonable divorce settlement that is in your best interest. That being said, if a mutually acceptable agreement can’t be reached with regard to child custody, spousal support, property division or some other issue and litigation becomes necessary, our lawyers are also prepared to represent you in court and ensure that your rights are protected throughout your case.
Consult Our Riverside Uncontested Divorce Lawyers Today
Compared to litigation, the process of negotiating a divorce settlement with your spouse is far more amicable and also provides a faster and more reasonable resolution to your divorce case. If you and your spouse can negotiate a fair divorce settlement on your own, through mediation or with the help of your attorneys, you may be able to resolve your case relatively quickly and with minimal expense. You can also avoid going to court and getting caught up in a messy court trial that could result in a divorce settlement neither one of you is happy with. If you need help navigating the uncontested divorce process in Riverside, don’t hesitate to contact our divorce lawyers at (619) Divorce. Our San Diego divorce attorneys specialize in divorce and family law and we can help you reach a fast and fair resolution to your Riverside uncontested divorce.