What Are the Benefits of Uncontested Divorce?
An uncontested divorce in California can offer litigants lots of benefits. While unrealistic for some, those couples who are looking to end their marriages efficiently and amicably could save a lot of time, money, and unnecessary emotional turmoil if they pursue the cooperative approach of an uncontested divorce. It provides more control over the outcome of the split.
But what, precisely, is an uncontested divorce? And how can a divorce attorney assist? This article will begin a general discussion on these points.
What is an Uncontested Divorce?
An uncontested divorce in California can be achieved when both spouses come to an agreement between themselves on all aspects of the divorce. This primarily needs to include all property division, child custody, spousal support, and attorney’s fees. If a couple is able to come to a mutually acceptable settlement without court intervention or litigation, an uncontested divorce is possible. An uncontested divorce might also come into play if one spouse does not respond to the divorce petition of the other. If a court sees that a spouse has not responded to their spouse’s divorce petition within a set amount of time, they can issue a default judgement. This default judgement will generally just grant the petitioning spouse what they asked for in their petition.
What Do You Have to Do to be Granted an Uncontested Divorce?
To be granted an uncontested divorce in the state of California, a divorce petition needs to be filed and at least one of the spouses must have been a resident of California for at least six months and of the county (in which the divorce petition is filed) for at least three months immediately preceding the filing of the divorce petition. Both spouses create and sign a marital settlement agreement that properly outlines the agreed upon terms of their divorce. The signed agreement must be submitted to the court, along with all the other mandatory judgment paperwork that can be found on the court’s website. After waiting California’s mandatory six-month waiting period, the divorce can be finalized.
Please note that the court must review your agreement. While a court will generally defer to the wishes of the spouses, they may step in to question a settlement agreement that does not satisfy legal requirements and or appears grossly inequitable.
How Can an Uncontested Divorce Save Money?
Lengthy back and forth and multiple court appearances that so often plague traditional divorces can rack up the cost of a divorce. Simply filing for an uncontested divorce and filing the additional required judgment paperwork can cost well under $1,000 in court fees alone. There are court fee waivers available for those suffering financial hardship and need financial assistance to cover the court fees.
How Can Legal Counsel Help? Contact Cardwell Steigerwald Young LLP
While not always possible or suitable in every situation, uncontested divorce is a great option for some couples. An experienced San Francisco divorce attorney at Cardwell Steigerwald Young LLP can provide valuable legal guidance throughout the uncontested divorce process. Having legal representation ensures that you file an acceptable, comprehensive settlement agreement that protects your interest. Working with legal counsel can help ensure your best chance at success in pursuing an uncontested divorce, and work with you every step of the way. Contact our office today to begin speaking with our team.
Source:
selfhelp.courts.ca.gov/divorce-california
