An ‘uncontested divorce‘ is also sometimes called an ‘amicable divorce’. This is a divorce in which both parties wish to agree on their issues and do not wish to go to court. When parties go to court, it means that they do not agree on one or more issues and as a result, the court needs to make decisions on their issues. In California an uncontested divorce can also mean that the respondent does not respond when served. In this case, the petitioner can proceed in a one-sided hearing (without the respondent) if there are issues, or can obtain a divorce without a hearing if there are no issues. In California, issues in a divorce usually deal with assets, division of property, spousal support as well as custody, visitation and support of children.
A California uncontested divorce is one in which both parties wish to agree and has the following characteristics:
1. Both spouses show a willingness to look at the issues of their divorce in a mature way.
2. Both spouses wish to stay out of court.
3. For those with property issues, both spouses show a willingness to discuss finances, investments, assets and address the division of property in a fair manner.
4. For those with children, both spouses look to find a solution for custody, visitation and support that is in the best interest of the children.
5. Both spouses display openness with regard to their issues implying a desire for truth and honesty.
When both spouses decide to opt for an ‘uncontested divorce’, they are opting for a more affordable divorce with less stress. An uncontested divorce is usually completed six months and 1 day from the date of service. However, a contested divorce may take years to complete and can cost tens of thousands of dollars or more.
An ‘uncontested divorce’ still requires lawyer input to make sure that all issues are dealt with correctly. Often, those who wish to do an ‘uncontested divorce’ think that they can avoid lawyers entirely and opt for a paralegal or document service. This may be a mistake for several reasons. The most important reason is that divorces are complicated even when the parties agree. The paperwork is difficult to complete correctly and the process of filing is complex with many steps—a mistake at any step can cause the papers to be rejected and sometimes another service or filing is required. Another reason for the need for attorney input is that the division of property and debts, as well as child issues, needs to be presented in proper legal language to the courts so that the rights of the parties are protected as per the agreement. In essence, a divorce, even with agreements, may require an attorney to assure a successful resolution to the divorce.
To discuss, call Legal Action Workshop 818-246-0073 Monday to Friday 9:00 am to 5:00 pm. or visit Legal Action Workshop divorce.
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