An uncontested divorce is a divorce where both parties agree to move forward with the divorce, and there are no issues to be decided by the court. Uncontested divorces are available in California, and are becoming increasingly popular among people who wish to save time, money and stress in divorce. Learn more about uncontested divorce below
When is an uncontested divorce appropriate?
An uncontested divorce is appropriate if either of the following are true:
1. There are no issues that need to be determined by the court; OR
2. There are issues that need to be addressed, but the parties are able to work together in mediation to address those issues.
What is an uncontested divorce?
Procedurally, an uncontested divorce is a type of divorce where the attorneys tell the court how they would like any issues resolved, and do not ask for the court's intervention as to any issue. In an uncontested divorce, the parties can work together to accomplish a dissolution of their marriage on an agreed basis.
An uncontested divorce can be done with or without mediation. If the parties need assistance resolving some issues (for example, division of property, custody and/or support), a mediator can work with the parties to help the parties sort out their issues. The mediation portion is typically done before the filing of the uncontested divorce.
How long does an uncontested divorce take?
In California, an uncontested divorce will take a minimum of 6 months to process. This waiting period is mandatory, and cannot be waived by agreement of the parties. However, your participation in the divorce process will only take a few hours. In order to process your uncontested divorce, you will need to make certain financial disclosures. Our office will assist you every step of the way.
What are the benefits of an uncontested divorce?
An uncontested divorce is typically faster, cheaper, and less than a traditional litigated divorce. By obtaining an uncontested divorce, the parties can move on with their lives with the least possible disruption, and in the most efficient possible way. By agreeing to an uncontested divorce, the parties can prevent miscommunications that might otherwise lead to confusing and wasteful litigation. The parties can also save money by avoiding a formal discovery process, which can otherwise costs thousands of dollars.
Is an uncontested divorce right for me?
An uncontested divorce cannot work if both parties do not agree to it, so the first question to ask yourself is whether both parties are willing to move forward with the divorce. An uncontested divorced does not necessarily require the participation of both parties, but it cannot work if one party "contests" the divorce. It also cannot work if there are unresolved issues between that parties that need to be decided by the court.
If both parties are willing to move forward with the divorce, and if both parties are willing to cooperate with the uncontested divorce process, an uncontested divorce is likely to be your best option.
Our office offers a free consultation to help you determine whether an uncontested divorce is right for you.