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2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
At our family law firm, we know that even when a couple is amicably agreed on divorcing, navigating the legal process smoothly is daunting without knowledgeable guidance. An uncontested divorce allows spouses to settle the terms of their divorce cooperatively when possible, avoiding litigated court battles. However, you likely still have important questions around the specifics of how uncontested divorce works and whether hiring a lawyer is advisable. Here, we’ll provide more extensive information on common questions about how to pursue an uncontested dissolution of marriage effectively.
An uncontested divorce is a situation where the two spouses involved are able to mutually agree upon all aspects and issues related to legally dissolving their marriage. This includes reaching agreements on their own around the division of financial assets and debts, alimony, child custody arrangements and child support if they have kids, and all other pertinent issues and considerations when separating their shared lives. When a couple is able to see eye-to-eye on these matters without dispute, it allows them to settle the divorce cooperatively between themselves without needing interventions or rulings from a judge. An uncontested divorce means the spouses work together to create an acceptable settlement agreement, file the required joint paperwork, and finalize the divorce, ideally without needing to go through prolonged court battles or litigation.
In a contested divorce, the spouses cannot come to a mutual agreement or settlement between themselves on one or more important issues pertaining to the divorce. For example, they may bitterly disagree on who should have primary custody of their children, how to fairly divide marital assets or separate financial accounts, whether one spouse deserves alimony support, or other complex considerations that divorcing couples must resolve. When such disputes cannot be settled out of court, this means a judge needs to preside over courtroom arguments and issue binding rulings on any contested matters. An uncontested divorce avoids all of this conflict, emotion, time, and expense by allowing the couple to settle the divorce cooperatively on their own terms without needing a judge to intervene, beyond approving their final agreements.
There are a few common areas of disagreement that can often turn an amicable uncontested divorce into a tumultuous court battle. Child custody is a big one – parents may have strong differences of opinion around custody logistics, living arrangements, visitation schedules, etc. Division of marital property and financial assets is another thorny area, especially with substantial or complex holdings. Spousal support alimony is often disputed by one spouse who feels entitled to payments. Issues can also arise around adhering to the terms of a prenuptial agreement. And sometimes, sheer resentment between the spouses over the failed marriage can devolve negotiations into ongoing conflicts. Having an attorney guide discussions can help avoid these pitfalls.
While an uncontested divorce with agreements already in place may seem straightforward, it is still highly advisable to engage a family law attorney to handle drafting the divorce paperwork, filing it properly with the court, and finalizing the divorce legally. Even amicable spouses completing a DIY divorce without legal help often run into problems and delays due to paperwork errors or not completing all steps fully in compliance with state laws. An experienced lawyer will ensure your agreements translate into enforceable court orders, prevent any complications, and help the uncontested process go smoothly from filing to finalization.
Even in amicable uncontested divorce cases, California law mandates a minimum 6-month waiting period from when the respondent spouse is served before the divorce can be finalized. This statutory period applies universally, meaning no divorce in the state can be completed in less than 6 months. While an uncontested divorce still involves filing a joint petition and settlement agreement for the judge to review, the exact total duration will depend on variables like the local court’s case volume and processing speed too. Despite this built-in lag, retaining legal counsel from an experienced family law attorney can help streamline and expedite the remainder of the process. By leveraging their expertise handling uncontested divorces, an attorney can guide you through each step while minimizing unnecessary delays, paperwork mistakes, and other complications. This allows the divorce to conclude as swiftly as circumstances allow once the obligatory 6 months have passed. Keeping on top of timelines with attorney assistance makes the process less frustrating.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro.
2777 Alvarado Street, Suite E
San Leandro, CA 94577
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Friday 8:30am - 2:00pm
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