Uncontested Divorce

Uncontested Divorce

It is not uncommon for a divorcing couple to disagree on key issues like property division, spousal support and child custody, and these issues are often the impetus for a divorce that ends up being complicated, combative and expensive. When a divorcing couple can come to an agreement on the terms of their divorce, however, the divorce is generally much less contentious, and the process becomes far simpler. Most states, California included, allow for an expedited divorce process known as an uncontested divorce in cases where both spouses want to divorce and can agree on all terms. If you and your spouse are getting a divorce and you think you may be eligible for an uncontested divorce, contact our knowledgeable divorce lawyers at (619) Divorce today to find out how we can help. Our legal team has more than a decade of experience handling divorce proceedings and other critical family law issues in California, and we can help ensure that the process goes as smoothly as possible.

Qualified Uncontested Divorce Lawyer in California

If you and your spouse can agree to cooperate with regard to the divorce process as well as any potential issues you may encounter in the divorce proceedings, such as the terms of child custody, child support, spousal support and division of property agreements, you may be eligible for a more simplified and civilized uncontested divorce. However, even if your divorce is uncontested, we recommend seeking guidance from a skilled divorce lawyer who has experience handling divorce cases in California. After all, you will likely have pressing questions about how the divorce process works, how long it will take, and what impact your divorce will have on your finances and your family. Getting a divorce is a serious, life-changing decision and even an uncontested divorce can be a difficult and emotional process. Our capable and compassionate divorce lawyers are committed to protecting your rights and representing your best interests and we will ensure that you have all the information you need to get the best possible result in your divorce.

How an Uncontested Divorce Works

There are two main types of divorce cases in the state of California: contested and uncontested. An uncontested divorce is a relatively straightforward case where divorcing spouses reach an uncomplicated resolution to their case without intervention from the court. An uncontested divorce in California can mean one of two things:

  • You and your spouse agree on how money, property and child custody issues should be handled in the divorce, or
  • Your spouse does not disagree with your requests in the divorce and is not likely to file a response to the court filing.

If you don’t respond to your spouse’s petition for divorce, or if you file a response but reach an agreement, your case will be considered either a default or uncontested divorce case.

Key Issues in an Uncontested Divorce

Some of the most potentially contentious issues in a California divorce case include property division, debt payments, child custody and spousal support. If you and your spouse can come to an agreement about what will happen with your shared property and what debts each spouse will be responsible for paying after the divorce, the court will generally accept the agreement, so long as it is fair and equitable to both of you. However, it is always a good idea to discuss with a divorce lawyer how you and your spouse intend to divide your property, assets and debts beforehand, to ensure that you aren’t overlooking any important and potentially damaging issues. The same goes for child custody and spousal support, or alimony. In some uncontested divorces, divorcing spouses can work out their own agreement in terms of child custody, child support and spousal support. However, it is in your best interest to discuss the terms of any child support or spousal support agreement with a knowledgeable divorce lawyer before making any commitments, whether you will be making support payments or receiving them. The decisions you make with regard to child custody and spousal support can affect you for the rest of your life and you won’t want to jump into an agreement with your spouse without first discussing the terms of the agreement with your lawyer and carefully considering all of the options available to you under the law.

Is an Uncontested Divorce Right for Me?

The first thing you should do when considering a divorce in California is to contact an experienced divorce lawyer to determine whether there are any issues that need to be resolved in the divorce. In California, an uncontested divorce can be categorized in one of two ways:

  • An uncontested divorce without issues or
  • An uncontested divorce with

For spouses who have been married for less than 10 years, have no children or other matters to work out (such as property, assets or debts to divide), and for whom spousal support is not a factor, an uncontested divorce is usually the best way to go. This type of divorce is considered an uncontested divorce without issues. Spousal support does come into play for marriages that are longer than 10 years, and if this is the case in your divorce, an agreement would be required in order to waive spousal support by you and your spouse. Alternatively, for divorcing spouses who do have children or property, there may be matters such as child custody and visitation, child support, and division of property or assets that must be worked out. So long as you and your spouse can agree on these issues, the divorce would be considered an uncontested divorce with issues. In this case, an agreement must be drawn up that indicates how each specific issue will be handled before the divorce can be finalized.

Switching from Contested to Uncontested Divorce

A divorce case in California becomes “contested” when the divorcing spouses can’t come to an agreement on one or more important issues, such as finances, property, spousal support or child custody. Often in divorce, the divorcing spouses are angry or harbor bitter feelings toward one another, and this can make it incredibly difficult for them to agree on any or all of the issues in question. If this is the case, the divorce will likely end up being contested. In some cases, however, a divorce may start out contested and become uncontested if the spouses are able to reach a resolution through negotiation, mediation or some other process.

How a Reputable Uncontested Divorce Lawyer Can Help

There are many advantages to an uncontested divorce compared to a contested divorce. In most cases, an uncontested divorce is cheaper. It can also be less stressful and less time-consuming, which is desirable for everyone involved. In an uncontested divorce, you may not even have to appear in court. It may be possible for you and your spouse to handle the case outside of court, with the help of your divorce lawyer. The process of getting a divorce in California can vary in complexity, depending on the circumstances of the divorce and the various issues at play, and it isn’t uncommon for an uncontested divorce to suddenly become contested when controversial issues arise that the divorcing spouses can’t agree on.

Whatever the circumstances of your divorce, it is always a good idea to contact an experienced divorce attorney who can represent you in your divorce and ensure that your rights are protected throughout the process. A divorce lawyer can also review the terms of the settlement agreement and make sure it is in your best interest and in the best interest of your children, if you have children with your spouse. Our divorce lawyers at (619) Divorce offer superior legal representation and we are focused on getting results for our clients. For more than a decade, we have expertly represented clients in divorce cases throughout California, and we know how difficult and emotionally trying going through a divorce can be. We are committed to skillfully representing clients in all manner of divorce cases, so don’t hesitate to contact us for your uncontested divorce.

Contact Our California Uncontested Divorce Lawyers Today

Getting a divorce can be draining, both emotionally and financially. However, you can save yourself a great deal of time and money by hiring an experienced San Diego divorce lawyer to handle the details of your case for you. At (619) Divorce, our divorce attorneys have extensive experience handling uncontested and contested divorces in California, San Diego, Los Angeles, Newport Beach, Orange County, Fresno, Riverside, San Francisco and we will walk you through every step of the process so you can get your divorce finalized as quickly and painlessly as possible.