People often think that divorce ends in drama and anger, but sometimes there are couples who can handle their separation with grace. In an uncontested divorce there isn’t much fighting for what belongs to whom and both spouses agree on the issues in relation to their divorce.
It is often thought that because you are able to process your divorce with no issues, you may not need a divorce lawyer. But even with the most amicable dissolution of a marriage, there are many factors involved in the divorce process that can be overlooked without the insight of a lawyer.
Why Would I Need a Lawyer for an Uncontested Divorce?
Regardless of how both spouses feel about the divorce, you can face financial or child custody issues later if you are not familiar with the legal system and complex divorce laws. Luckily an uncontested divorce is easier to maneuver through than a traditional divorce. There are still legal factors to consider when you qualify for an uncontested divorce, but there is generally less negotiations, court hearings, and going back and forth with paperwork.
Requirements for an Uncontested Divorce in California
To have an uncontested divorce in California, there is specific criteria to be met:
- One spouse must have lived in California for the previous six months, and the three pervious months in the county where the divorce is being filed
- Both spouses must be willing and able to sign all necessary paperwork
- Both spouses must agree on all the issues in settlement, like division of property, spousal and child support, and custody
DIY divorces might seem appealing, but those who choose the quick and easy route end up spending more time and money when attempting to fix what they caused by trying to do things themselves.
Let’s look at a few reasons why you need a lawyer for an uncontested divorce.
Expertise and Knowledge of the Law
With years of experience, a lawyer has handled all sorts of divorce cases, and knows the necessary legal documents and court process. Without proper information you can wind up paying more or receiving less for child support or alimony. There may be questions you have when attempting to do your own divorce, and with no legal counsel you may file paperwork incorrectly and prevent you from moving forward.
Divorce lawyers are able to take guesswork out of the process and stay up to date with the case as it progresses. Even when both parties agree on all matters surrounding the divorce, a divorce attorney can quickly and efficiently complete all forms and documents necessary while keeping you on track throughout the process.
To make sure your agreement is accepted, there is often specific language needed in the order for the judge to approve the settlement you are requesting. Those who decide to represent themselves often end up with an unnecessary longer process than those who use an uncontested divorce attorney.
Protect Your Rights and Properly Divide Assets
Unfortunately there are some people who sign divorce papers without consulting a lawyer and find themselves losing out on property settlements, alimony claims, and having to carry additional unforeseen debts.
A divorce may start out peaceful, but once money, property, and child custody matters come into play, emotions may flare and tension is created. While it may sound like a good idea to quickly get your divorce over with, there is the possibility of being taken advantage of in this situation. A divorce lawyer can properly make suggestions, protect your rights and help create a fair settlement that works for all parties involved.
With California being one of a few states that follow community property laws, the courts will divide your property and debts equally during a divorce case. With an uncontested divorce, you are able to decide on property division without having the courts involved. A lawyer will be able to review your property division agreement, and offer the best course of action to keep things fair and even.
Dedicated to Your Individual Case
Even the most straightforward divorces pose their own challenges, and while separating your life is hard, having to handle a divorce case on your own can bring on more stress. A trusted divorce lawyer will take your case and work tirelessly on it, giving you time to cope, have confidence in your case, and offer peace of mind that your divorce is being done correctly and documented properly.
Protect Your Interests with Azemika Law
At Azemika Law, we have been devoted to family law for 28 years. Our lawyers are here to represent you through your divorce and provide an easy and peaceful transition into your new life. We handle all types of cases involving divorce, dissolutions of partnerships, child custody, abandonment, and adoptions. Serving all of Kern County, we look forward to assisting you when you need it the most.
We’re here to help. Contact us today for a consultation and find the right divorce attorney for you.