Divorce does not have to be an expensive, difficult process. An uncontested divorce is often a practical solution for spouses who are on relatively amicable terms and can agree upon the many issues that will need to be addressed in order to legally end their marriage. Although an uncontested divorce does not go to trial, it is important to involve an attorney. An uncontested divorce attorney with experience in these matters can represent your legal rights and interests in this often complicated process. Though you and your spouse may be in agreement, it is important to make sure you address all of the necessary issues and that you have a legal professional to advise you of your rights and options.
In California, an uncontested divorce or “no-fault” divorce is based on irreconcilable differences, which means that the marriage has broken down with no hope of ever being remedied. Because of the lack of time-consuming litigation, an uncontested divorce in California generally moves through the court system much more quickly, with less expense.
In an uncontested divorce, the party who files for divorce is called the Petitioner and the other spouse who answers the petition is called the Respondent. To be eligible for a divorce, one or the other of the spouses must have resided in the state for the last 6 months and in the county where both spouse for the last 3 months. In addition to this, a 6-month waiting period exists after an Answer is filed with the court by the Respondent.
A Summary Dissolution of Marriage is allowed in California, which is a simplified divorce. This is a quick and inexpensive way to dissolve a marriage when the parties qualify. In this type of easy divorce, both parties file a Joint Petition to end the marriage, wait 6 months, file documents for a judgment, and are granted a divorce without a hearing.
Benefits of an Uncontested Divorce
There are many different benefits involved in choosing to complete an uncontested divorce rather than a contested divorce in court:
- Typically a much cheaper way;
- Easier on both spouses and any children involved from an emotional standpoint;
- Preserve a friendly relationship that makes ongoing custody and support arrangements easier to comply with.
In addition to these benefits, spouses who reach their own agreements regarding child custody, child support, visitation, property division and spousal support are often able to work out arrangements that better suit their unique needs. Whereas a judge would make a ruling based upon the law on the matter, spouses in an uncontested divorce can reach their own arrangement that fits their unique needs, whatever these may be.
Contact A Knowledgeable Attorney
If you would like to learn more about uncontested divorce and are interested in learning more about our firm’s services in this regard, we welcome you to call us at 1-877-456-9266 for a free initial consultation, or you may contact us online. Attorney Crispin Lozano is an experienced uncontested divorce lawyer who will listen to you at all times and offer the kind of professional legal representation you deserve.