Uncontested Divorce Proceedings in California

Valencia, California Uncontested Divorce Attorney

An uncontested divorce is a divorce where the parties agree to the terms of the judgment even before the divorce paperwork is filed.

The advantage of an uncontested divorce is that the parties can avoid litigation; neither party ever appears in court, and because there is no litigation, the cost of an uncontested divorce is substantially less. The disadvantage is that it requires each party to compromise. In order to obtain a settlement, each party must be flexible and make realistic demands from the other party.

An uncontested divorce is not appropriate for everyone. If you have a large estate, complicated legal issues, have an unreasonable spouse, or you are a victim of domestic violence, an uncontested divorce is not for you. In order to qualify, the parties must agree on all the terms of the divorce. This includes agreeing on entirely on each of the following issues: child support, child custody, spousal support, child visitation, attorney fees, division of property and division of debts.

The parties’ agreement need not be in writing. It is the job of the attorney to write up and finalize the uncontested divorce paperwork. The divorce attorney will also gather the information to file the initial paperwork, all the paperwork required for disclosures, and the terms of the divorce judgment. The attorney will file the divorce papers, serve the divorce papers on the other party, prepare the divorce judgment, arrange for both parties to sign the documents, and then file them with the court. Since the divorce papers are all prepared in the office and then filed with the family law court, there is no reason for either party to ever set foot in court.

  • If both spouses agree that the marriage is to end and come to a mutually satisfactory agreement regarding the terms of settlement, you have an uncontested divorce.
  • In an uncontested divorce the couple is able to come to an agreement on issues such as property division, child support, spousal support and any other financial issues.
  • In situations where there are children involved or the division of marital property it is wise to seek the advice of a divorce attorney before signing any final legal documents.
  • Also, if there is the issue of child support a child support order will have to be signed by a judge. This will probably require both parties be present during a hearing to determine of the amount of child support agreed upon meets the states child and support custody guidelines. And if not whether the individuals have come to a fair and equitable agreement in the court’s eyes.