Making the decision to end your marriage and go your separate ways is difficult enough, especially if you have children together. You don’t then want to end up embroiled in a bitter legal battle where you and your spouse fight over your property, child custody and other critical issues. That is why many couples in San Francisco pursue divorce through the uncontested process, in which they negotiate a divorce settlement agreement outside of court and avoid a contentious divorce trial altogether. If you are contemplating divorce in San Francisco, whether you believe you and your spouse can reach an agreement on your own or not, it is a good idea to have a San Francisco divorce lawyer on your side who can offer objective legal advice and guide you through the divorce process towards a positive resolution. Contact our San Francisco divorce lawyers at (619) Divorce today to find out how we can help you in your uncontested divorce.
Table of Contents San Francisco Uncontested Divorce
Experienced Uncontested Divorce Lawyer in San Francisco
Divorce is a painful subject for many people, and it isn’t uncommon for divorce to bring out the worst in soon-to-be ex-spouses. The process of getting a divorce in San Francisco can be draining, both emotionally and financially, and many couples who were unhappy in marriage find themselves battling with one another in court to gain the upper hand in their divorce. Fortunately, there is one way couples in San Francisco can avoid a long, drawn out legal battle and bring a quick and reasonable resolution to their divorce, and that is through the uncontested divorce process. In an uncontested divorce, spouses who no longer want to be married make the mutual decision to get a divorce and negotiate a divorce settlement agreement that is fair and equitable to both parties. There are a number of steps in the uncontested divorce process and while having a San Francisco divorce lawyer on your side during your uncontested divorce isn’t mandatory, it can make the process a great deal less stressful and time-consuming. Our lawyers at (619) Divorce specialize in California divorce and family law cases and we offer reputable and affordable legal representation at every stage of the uncontested divorce process.
What is Uncontested Divorce?
When married spouses in San Francisco choose to end their marriage, there are various issues they must agree upon before their divorce can be finalized, such as the division of their shared property, spousal support payments, child custody and visitation, and child support payments, among other issues. When divorcing spouses are able to reach an agreement outside of court through the uncontested process, the divorce becomes a great deal more productive and civilized. Some couples can communicate well enough to negotiate a divorce settlement on their own, while others need attorneys to draft an agreement for them, or a mediator to help them work towards a resolution they can both live with. Ultimately, uncontested divorce offers couples the opportunity to maintain control over the terms of their divorce and avoid having a judge decide on these sensitive issues for them. Couples who can’t resolve their divorce-related disputes may have to go to court and end their marriage through the contested process, which is generally the slower and more expensive of the two options.
How to Get an Uncontested Divorce in San Francisco
Do I Qualify for a San Francisco Divorce?
Where you file your divorce petition depends on where you and your spouse live. To qualify for divorce in San Francisco County, you or your spouse must have lived in the county for at least three months and in the state of California for a least six months before you file the petition for divorce. If you plan to get a divorce in San Francisco, you will file the divorce petition with the Superior Court of California for the County of San Francisco. The court’s Family Law department handles domestic relations cases, including divorce, child custody, child support and spousal support actions.
How Long Will My Divorce Take?
The amount of time it takes to complete your San Francisco divorce depends on several factors, the most important being how quickly you and your spouse can reach an agreement on the terms of your divorce. Keep in mind that there is a mandatory six-month waiting period for all divorces in California. This waiting period was established to give spouses ample time to consider their options and determine whether they want to proceed with their divorce. That means the minimum amount of time your San Francisco divorce will take is six months, but it could take much longer, depending on how complicated your case is and how quickly you and your spouse can reach a settlement.
How the Divorce Process Works
If you file a petition for divorce in San Francisco and your spouse doesn’t disagree with the divorce or what you ask for in the petition, or if you and your spouse have an agreement about the terms of your divorce, your case can proceed as an uncontested divorce. In this situation, the spouses make a plan about how to divide their assets, property and debt, how to handle spousal support, and if they have children together, who gets primary custody and who pays child support. For couples who can communicate with one another in a calm and effective manner, with or without the help of attorneys, uncontested divorce is the preferred method of divorce, as it gives the spouses maximum control over the terms of their divorce and results in a faster, less complicated resolution for everyone. If you and your spouse don’t agree on certain issues, such as child custody, property division or spousal support, then the divorce is contested, and the case will go to court. In this situation, a judge is responsible for deciding any issues that remain in dispute, such as who gets the marital home, which parent your children will live with and whether spousal support payments are in order. Contested divorces tend to be more stressful and acrimonious for everyone, especially when children are involved, which is why uncontested divorce is generally a better alternative to contested divorce. Even if you and your spouse don’t agree on some or any divorce-related issues right away, if you can reach a resolution at some point during your case, you may be able to avoid going in front of a judge to have these issues decided for you.
How an Uncontested Divorce Lawyer Can Help
California law says that you can represent yourself in your San Francisco divorce, but there are a number of benefits to having a divorce lawyer handle the details of your case for you. To make your divorce as simple and straightforward as possible, our divorce lawyers can gather and submit all of the necessary divorce paperwork for you, advise you on important legal issues pertaining to your case, and ensure that your rights are protected throughout the divorce process. Even if your divorce is uncontested, having a knowledgeable divorce lawyer in your corner who understands California divorce law and legal procedure can be an asset to your case. If you and your spouse aren’t able to reach an agreement on one or more issues and your case goes to trial, our lawyers can represent you in court and advocate on your behalf before the judge to improve your chances of getting the outcome you want. You may think that hiring an attorney in your divorce is a hostile move, especially if the divorce is uncontested and you and your spouse have agreed to work together to reach a settlement outside of court. On the contrary, retaining an attorney is the best way to ensure that any agreement you reach is fair and equitable and likely to be approved by the court. Our divorce lawyers at (619) Divorce have represented clients in uncontested divorces for more than a decade and we know what the court is looking for in terms of a reasonable settlement. By having a reputable attorney review your settlement agreement and examine the terms you and your spouse have set forth with regard to the division of shared property, child custody, child support, spousal support and other issues, you can improve your chances of the court issuing a divorce judgment without a trial or hearing.
Consult Our San Francisco Divorce Lawyers Today
Getting a divorce is a life-changing event but completing a divorce in San Francisco doesn’t have to be the dreaded process that most people assume it to be. Even if you and your spouse had a hard time agreeing in your marriage, that doesn’t necessarily mean your divorce is doomed to be difficult and destructive. Arm yourself with as much information as possible about the divorce process, commit yourself to handling the divorce calmly and efficiently, hire a knowledgeable San Francisco divorce lawyer to guide you to a swift and satisfactory resolution, and you can get your divorce finalized in as little as six months. For more information about the uncontested divorce process in San Francisco, or to schedule a consultation with our knowledgeable and affordable divorce attorneys, contact (619) Divorce today at (619) 503-3050.