Experienced Fresno and San Diego Attorney Provides Guidance Throughout Uncontested Divorce Process
Uncontested divorce in California
Divorce does not have to be contentious. When both parties are in agreement, the process is a lot simpler and easier.
A divorce is considered uncontested where there are no disputes regarding major terms of the divorce, such as property division, custody and child support. This scenario typically arises where a spouse files the divorce petition and their spouse files a response, but the couple has a written agreement addressing all important issues. The agreement must be approved by a judge for the divorce to become final.
Rebecca Medina provides knowledgeable guidance with uncontested divorce in the Fresno and San Diego areas. She can help you make this difficult transition as smooth as possible for you and your family.
Benefits of an uncontested divorce
An uncontested divorce can save you time and money. If you and your partner are on speaking terms and can work out an agreement, you’ll have more control over the results. In many cases, neither party will need to appear in court. Rebecca Medina will walk you through the process and guide you towards a successful resolution.
An important requirement is the comprehensive marital settlement agreement/judgment. It must specify how all property and debts will be divided. If the couple has children, there must also be a written parenting plan with details about time-sharing and decision-making regarding the children. The goal of a parenting plan is to ensure that each child’s needs are met, and they have a consistent, reliable schedule.
The agreement must also address whether one spouse will pay the other spousal support, also known as alimony. For temporary support, which is paid while the case is pending, spousal support is usually calculated by using a formula. For spousal support that continues after the case has ended, factors, which include, but are not limited to: the marital standard of living, earning capacity of the parties, duration of marriage, the age and health of the parties, and whether there was any domestic violence are considered. At the Law Office of Rebecca Medina, we know how to develop a comprehensive marital settlement agreement that protects the future of you and your family.
Other types of uncontested divorce
Another type of uncontested case arises where a spouse does not file a response to the other spouse’s divorce petition, but the parties do have an agreement resolving all major issues. This is considered a default case with an agreement. Once six months and one day has elapsed from the service of the petition, a judge can approve the agreement and finalize the divorce. A true default case is where there is no response to the petition and no written agreement between the parties. Here, once the petitioner files all required documents with the court and the waiting period has passed, a judge will sign the judgment to finalize the divorce if the judgment conforms with California Law.
A third type of uncontested case is the summary dissolution, which is more efficient process and available to couples who meet several criteria. For example, they must have no children or real property, and be married less than five year, and own less than $41,000 in assets and do not own more than $6,000 in debt. In the six-month period after the joint petition is filed, if either party wants to dispute an item, they can demand a court hearing and use the litigation process. Otherwise, the couple can be granted a divorce without going to trial or any hearings.
Is uncontested divorce the best option for you?
This depends on the circumstances of your divorce, your relationship with your spouse, and whether there are issues in dispute. It is always best to discuss your case with experienced California divorce attorney Rebecca Medina.