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Bay Area Family Attorneys > San Francisco Uncontested Divorce Attorney

San Francisco Uncontested Divorce Attorney

For many California couples looking to end their broken marriage, the goal is not to drag things out for months or years in court. Both sides agree that it is time to move on. They have also reached a settlement agreement regarding any outstanding legal issues, such as custody arrangements for their children and how to divide any community property.

When both sides are in agreement, an uncontested divorce affords everyone involved a relatively quick and inexpensive way to bring things to a close. Even if you are not planning to litigate, however, you should still consider working with an experienced San Francisco uncontested divorce attorney. At Cardwell Steigerwald Young LLP, our California family law attorneys can assist you in preparing and filing the necessary documents to confirm your divorce and allow you and your family to get on with their lives.

What Are the Requirements for an Uncontested Divorce in California?

Since California is a “no-fault” divorce state, neither spouse has to allege or prove wrongdoing on the part of the other spouse in order to obtain a divorce. There are, however, some legal and jurisdictional requirements a couple must fulfill even when requesting an uncontested divorce. This includes:

  • Residency: At least one spouse must reside in California for the six months prior to either spouse filing for divorce in California. The divorce itself must be filed in the California county where one of the spouses have lived for at least 3 months prior to filing.
  • Settlement Agreement: An uncontested divorce means that there are no contested issues that would prevent a court from issuing a divorce decree. The parties must therefore reach a settlement agreement on key matters, including but not limited to the division of assets and debts, whether either spouse will pay alimony to the other, how the parties will share custody of their minor children, and whether either spouse must pay child support.
  • Summary vs. Standard Dissolution: In California, an uncontested divorce may be resolved by either a summary dissolution or a standard dissolution. A summary dissolution is a quicker process but is only available if certain conditions are met, such as the parties do not have any minor (or expected) children, do not own any real estate, and neither spouse requires alimony. There are also certain limits on the couple’s total property and debts. If a couple does not meet these requirements for summary dissolution, they must follow the standard dissolution process, which generally requires additional paperwork and may take additional time.

Contact at San Francisco Uncontested Divorce Attorney at Cardwell Steigerwald Young Today

An uncontested divorce is often less expensive and less stressful than a contested proceeding. Ideally, it means a better outcome for everyone involved. It is still a good idea, however, to have qualified legal counsel throughout the process. So if you need to speak with a skilled San Francisco uncontested divorce attorney, call Cardwell Steigerwald Young LLP today at 415-259-5885 to schedule a consultation.

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