The terms "contested" and "uncontested" divorce have likely come up in conversation before. The contested route is used when spouses are unable to agree on any or all aspects of the divorce, resulting in the judge scheduling a trial for a ruling. This form of divorce is lengthy and emotionally draining because of the need to evaluate proof and cross-examine witnesses.
On the other hand, an uncontested divorce is one in which you and your spouse concur on all of the divorce terms, such as how to divide the marital assets, who will pay alimony, and who will have custody of the children. The advantage of this form of divorce is that it does not involve a trial, making it faster and more affordable. You can handle the procedure alone because the process is straightforward. However, you would be better off considering hiring a divorce lawyer because of their knowledge and legal counsel. Below is a guide on how to undergo an uncontested separation or divorce.
A Simple Uncontested Divorce Explanation
California uncontested divorce means the couples have decided to part ways legally and agreed on the significant aspects of ending the marriage. Otherwise called a default divorce, an uncontested separation happens in two ways. It can occur when one partner files divorce papers with the court but the other refuses to respond, leading to a default verdict. The other method involves spouses who agree on the crucial issues of the dissolution and file a joint motion requesting the judge to grant a default or uncontested divorce.
Additionally, uncontested divorce comes in two forms, one with issues and another without. A couple in a marriage union for up to five years can petition for a default divorce devoid of issues through summary dissolution. These couples take this route because they have less fear of joint asset division, child custody, alimony, and child support.
Nevertheless, couples married for over five years will have a default divorce with issues because of the division of the joint property obtained during their union, child support, and who should have visitation or custody.
Uncontested divorces are resolved within at least six months of the filing, faster than a contested separation. Apart from saving you time, a default divorce is affordable. You can avoid the mentally and emotionally draining contested route through a peaceful, uncontested divorce.
Seeking Help of a Divorce Attorney
Uncontested divorces are straightforward. You can participate in the whole process without an attorney. If you encounter any challenges when doing it yourself, you can refer to online divorce services. Even if you do not attend court hearings, you or your partner will hire a divorce attorney for legal advice and guidance. Also, some situations in a default divorce can prompt you to hire an attorney. These cases include:
- When you cannot serve your partner with the summons in person.
- When unsure of the divorce basis.
- If you have an existing divorce outside of the state.
- When you have a pending matrimonial action.
- Underage children are involved and cannot agree on significant pieces of the dissolution, like child custody and support..
- When you and the other partner cannot handle the paperwork.
- If you are ineligible to petition for a divorce.
Even if the marriage dissolution is uncontested, your attorney will only represent you, not your partner. You have unique interests in the divorce, like your partner, and it is only ethical for an attorney to represent one of you. Therefore, when hiring, ensure the attorney knows who they will represent.
Benefits of Hiring an Attorney
Self-representation in an uncontested divorce can seem like a way of saving money and keeping the marriage dissolution confidential, but it is discouraged. The default divorce process can appear straightforward, but its complexities complicate it. You need professional guidance for a successful outcome rather than handling the legal process alone. A divorce lawyer is familiar with the intimidating California uncontested divorce procedures and knows how to handle cases involving children, shared assets, or a brief marriage. Due to these factors, the procedure is intimidating and complicated, necessitating the services of a legal professional knowledgeable about the entire procedure.
Similarly, having an attorney will result in a faster process. Your attorney understands all the forms and documents you must bring to every scheduled meeting. Every time you appear for an appointment, you will be fully equipped, and there is no time you will want to postpone the meeting because you do not have all the requisite requirements. This will streamline the marriage dissolution process, and you will leave your marriage within the shortest time possible.
Lastly, it would be best to have a legal expert for advice. An uncontested divorce is easy, but many spouses do not understand their rights. For example, you have a right to a portion of your spouse’s pension. If you did not know this when filing for divorce, you lose the right to claim your share of the retirement in the future. Nevertheless, when an attorney is by your side, they will ensure you understand all your rights and that none are forgone.
Eligibility for California Uncontested Divorce
Not every couple can take the uncontested divorce route. The process is only possible for partners on good terms with no bitter feelings. Without better feelings and emotions, you can obtain sound advice on finances and legal issues for a positive outcome that benefits the parents and children.
Also, if you and your spouse want to save time and money, you should take the uncontested divorce route. The process is fast, and you can move on with your life within at least six months of filing.
Moreover, you should take the uncontested route to safeguard your children against the trauma and emotional or mental stress of separation. The reason is that a contested marriage annulment will involve children who will witness their parents' emotions and hostility in court. However, when you choose uncontested marriage dissolution, there will be no confrontation or hostility. You and your former spouse will emphasize co-parenting and raising the children right.
When child abuse, elder abuse, or domestic violence is involved, spouses cannot file for an uncontested marriage annulment. Also, when one of the spouses is hiding assets, is narcissistic, or wants to separate you from the children, the uncontested route of marriage dissolution is not possible.
Requirements for California Uncontested Divorce
You must satisfy particular conditions before you can file a default divorce. These conditions are:
- The spouses must have lived in California for half a year or three months in the county where filing for marriage dissolution is happening. If you do not satisfy the residency condition, you can file for marriage dissolution, followed by an amended petition for a default divorce.
- The basis for the legal separation is irreconcilable differences.
- Each party in the divorce understands the summary dissolutions requirements.
- The spouses have signed all the property and liability transfer documents.
- The couple has appended their signature on a settlement contract for the assets and debts division.
- The time of marriage and separation is no more than sixty months.
- The marital property’s value is no more than $43,000, inclusive of retirement and delayed compensation, apart from the vehicles.
- No spouse owns separate properties valued above $43,000.
- No partner has real estate apart from a rental lease of below twelve months.
- Your unpaid debts are not more than $6,000.
- No spouses want alimony.
- The couple has no children, and the woman is not pregnant.
Before requesting a default or uncontested divorce, you must contact an experienced divorce legal professional to corroborate that you satisfy the necessary criteria. The legal expert will draft a settlement contract if you meet the conditions.
Establishing an Uncontested Annulment Settlement Contract
You need a settlement contract, whether or not your uncontested divorce has issues. The agreement focuses on all significant elements of the marriage dissolution and must be filed in concert with the legal separation petition. The problems you must address when negotiating an uncontested marriage dissolution contract are:
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Child Custody
The issue of child custody creates a lot of hostility and volatile emotions among spouses. Therefore, for the default divorce to succeed, you should agree on which party has child custody. The decision should be in the best interest of the children.
You should evaluate your schedules and plan when to spend time with the minors. California family statutes allow legally separated couples to share physical and legal custody. So, you should create a plan to ensure you and your partner have enough time with the children.
Also, if you are the father, do not assume the mother automatically has child custody. You have an equal right as the father to have child custody to enable you to bond with your children.
If you are having problems creating a suitable marital settlement contract, refer to the parenting guidelines in your county for more details. Also, ensure you and your partner agree on the following:
- The party to move out of the marital home.
- Children studies.
- How to spend time with the children on holidays and special days.
- The religion the children should practice.
- Children's access to healthcare.
- Overseas or outside California travels.
- Who should make weighty decisions in the children’s lives.
You should be guided by the children's best interests regarding child custody. Therefore, whatever the agreement, the children should have love and support from all parents.
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Child Support
Unless you have a custody dispute, if you and your partner are W-2 workers with a computed income, it will be easy to decide on child support. Nevertheless, if one of you is self-employed, it will not be easy to define how much you earn in a definite period, which could lead to a battle. Your attorney should explain the various ways you can estimate child support.
California has a unique computer program that calculates support. The program considers several factors to determine the amount to be paid as support. The factors are:
- Uninsured medical care expenses.
- None-child care expenses like extracurricular activities.
- Primary medical care insurance.
- Amount of childcare time.
- Number of children involved.
- Compulsory retirement pay deductions.
- Cost of medical care insurance premium.
- Property tax.
Child support is required until the minor turns 18, but after they have finished high school. Even if they turn 18 while still in school, you must continue the support until graduation. And if you want the child to have a university degree, you can extend the support. After you have prepared the agreement, the court will evaluate it and determine whether it is reasonable.
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Spousal Support or Alimony
You should depend on each other’s income when determining alimony and consider the requirements of Family Code 4320. Also, you need an attorney to assist you in arriving at a reasonable and fair alimony figure. An attorney will assess your total earnings and consider factors provided under family law to determine a suitable figure.
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Joint Property
There is a need for honesty on the issue of property disclosure to ensure that marital property is shared fairly. The properties include marital homes, retirement accounts, bank accounts, and vehicles. You should conduct an appraisal and share the property equitably as a joint property.
Regarding vehicles, each couple can retain their own, but if one has a higher value than the other, the one with the more expensive car must offset the difference.
With bank accounts, you should share the available amount as of the separation date unless one partner buys a share of the joint property. Also, you must disclose your bank statements and balances before the divorce. And if hefty amounts are involved, take your time to evaluate the figure carefully to ensure you obtain every dollar to which you are entitled.
The Procedure for Obtaining a California Uncontested Divorce
The following steps are involved in an uncontested divorce:
Filling out the Necessary Forms
As the party petitioning, you must complete the required forms. One of these court forms is FL-100, where you provide basic information regarding your marriage. Besides, it is in FL-100 that you will make your request for the default divorce.
The other form is FL-110, where you divulge the details of the marriage dissolution process, primarily protective orders. If you have property and debts, you will fill out these details in FL-160. The last form you will fill out is FL-311. If you have children below 18, complete the form and await a judge’s decision on child visitation and custody.
If you did not seek help from a divorce attorney when filling out the forms, you must find an attorney to review them before filing. A family attorney will ensure that the necessary details are filled in correctly and correct any mistakes you could have made when filling out the forms. Make two or more copies on every paper if your records are appropriately filled. You should send the original documents to the court, keep one copy, and give the remaining one to your spouse.
Submitting the Forms to the County Clerk
The original paperwork and copies should be filed with the clerk for review. If they have no errors, the county clerk will stamp them and retain the original one. The two stamped copies will then be returned to you. You should note that filing the petition is not free. You should pay a fee.
Serving your Spouse with Copies of the Divorce Forms
You must notify your partner of the divorce. You do this by serving them with duplicates of the relevant divorce forms. After the service, the court can make instructions and rule on the marriage dissolution. Do not forget that you should not serve the documents in person. It would help if you used someone else over 18, called a server, to deliver the petition.
Completing and Serving the Financial Disclosure Forms
Each spouse must furnish the other with photocopies of bank statements and other written documents on their property, debts, earnings, and expenses. These details are captured in the financial disclosure forms. Once you complete the form, you can submit it to the county clerk with the divorce petition or, at most, six days after the petition for marriage dissolution.
Once you serve your spouse with all the forms, you should wait for their response. They could choose:
- Not to respond without reaching an agreement.
- Not to react after you have reached an agreement.
- To respond after both of you have arrived at an agreement.
- To respond with the two of you have not come to a settlement.
Reasons Many Californians Opt for Uncontested Divorce
A significant advantage of an uncontested divorce is that it is cheaper than a contested one. You can complete the entire process by filing a few documents. Also, attorneys from both sides will not do a lot of negotiations because both parties agree.
Similarly, the process is quick as there are no confrontations or court hearings. Further, if you want to keep your private matters private or from the public, an uncontested or default divorce is the route to take. No confidential information will be made public.
Lastly, uncontested divorce helps protect children against emotional stress during confrontations between parents in divorce. Also, co-parenting becomes easier when parents are on good terms during the marriage dissolution.
Find the Right Family Law Attorney Near Me
A divorce proceeding must always go through the court, whatever the type. However, the legal process becomes less complex when both spouses agree on the significant elements of the separation terms. California uncontested divorce is the way to go if you are looking for a straightforward procedure. At San Diego Divorce Attorney, we can help you arrive at a marital settlement agreement and help you fill out the relevant paperwork. Dial us today at 858-529-5150 for a zero-obligation consultation.
