Uncontested divorce in California has several advantages. While divorce is never an easy choice when both parties can agree on how to divide marital assets, deal with child custody and support issues and handle other family matters, it is a significantly more straightforward process.
California is a no-fault divorce state, and It is essential to understand the laws of a California divorce. There are generally two types of divorce in California: contested and uncontested.
We will examine an uncontested divorce and its advantages and disadvantages to help you understand if it is a good choice for your situation.
What Is An Uncontested Divorce In California?
When two people agree to the terms of their divorce in California, there is no need for a judge to hold a trial.
You can either do your uncontested divorce alone (DIY Divorce) or with the help of a lawyer. If you hire a lawyer, both parties need to hire separate attorneys, as one lawyer can’t represent both of you.
The process for filing an uncontested divorce may vary from state to state. You will need to initiate the divorce by filing a divorce petition, documents proving both parties are aware of, in agreement, and participating in the case, financial affidavits disclosing everything each party has, a settlement agreement, and a proposed judgment. You may be required to attend couples therapy or classes on co-parenting before being granted a divorce, and other paperwork may be required.
Depending on the jurisdiction, your case may be dealt with based upon your paperwork, and you will obtain your judgment in the mail, or you may be required to attend a hearing with your spouse to swear that the divorce paperwork is accurate and true and that you signed it on your own free will.
The Advantages of An Uncontested Divorce
There are several reasons why an uncontested divorce may appeal to you and your partner. However, ensuring that an uncontested divorce is in your best interest is essential.
- An uncontested divorce is less expensive and faster than a traditional or contested divorce.
- There is no need for multiple court appearances or a trial which is one of the most significant benefits of an uncontested divorce.
- The level of conflict between the two parties remains lower, and the relationship can remain more amicable.
- It is more private, which can be best for you, your partner, and your children if you have any.
- You are more likely to retain your assets.
- It is more cost-effective as you avoid more fees for lawyers, account servers, process servers, and the many other financial costs associated with a contested divorce.
When Is An Uncontested Divorce a Bad Idea?
In some situations, an uncontested divorce can create more problems or result in an unfair balance of power, financial gain, or even worse, losing precious time with your children.
- Domestic Violence Issues. If your partner is abusive, argumentative, or hostile in any way, an uncontested divorce is a terrible idea. Anytime there is a history of domestic violence, emotional abuse, or other disparity in power in your relationship, it usually leads to one person having an advantage over the other party. In this situation, it is ideal to have an experienced divorce attorney to advocate for you to protect your rights.
- Poor Communication. Be realistic about how well you and your spouse can communicate. When two people can’t talk without a fight, then trying to file for an uncontested divorce is the wrong approach. Difficult communication indicates you must hire an experienced divorce attorney and file for a contested divorce. You want to ensure your rights, family, and assets are protected.
- Lack of Understanding of California Divorce Law. Even though an uncontested divorce is relatively straightforward, you will still need to read and understand several forms that will include in-depth financial disclosures by each person. Suppose you and your spouse need clarification on California Divorce laws or support filling out the paperwork. In that case, the best idea may be to contact a divorce attorney to ensure everything is done correctly.
Hire An Expert Divorce Attorney
At Azemika & Azemika, we devote practice exclusively to family law. Our attorneys have extensive experience navigating California divorce laws, child support and visitations, adoption, paternity, and more. Whether you are considering an uncontested divorce or a contested divorce, hiring an attorney to help support you during this challenging time will make it significantly less stressful and ensure that your family, your assets, and your rights are protected. Contact us today for a consultation!
