Tiara Simmons is so very professional and helpful. She assisted my ex wife and I through an uncontested divorce, which wasn’t easy… If not for Tiara, things might have gotten messy. Thank you!!!!!!
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What Is An Uncontested Divorce?
Generally, an “Uncontested Divorce” means that you and your spouse agree on all of the terms of the divorce. The terms usually include: property division, custody/visitation, child support, spousal support, etc. If you and your spouse can agree to terms of the divorce, you may be able to avoid what can be a very long, and costly, court process.
California is a “no-fault” state which means that you do not need to prove, or defend against, claims of bad behavior, except in certain situations.
You can also agree to child support. Child support is determined by a formula based on income and parenting time. This formula gives a “guideline” number. You can agree to that number or come to another amount that is usually higher than guideline.
Do I Need a Lawyer?
It is possible to complete an uncontested divorce without a lawyer, however it is still a good idea to seek legal counsel because, unlike many self-help and legal document preparation services, your lawyer can give you legal advice, answer legal questions, make sure you have all the necessary paperwork, make sure that paperwork is filled out correctly, properly served, and help with property division and marital settlement agreements.
Your lawyer can also help you in the event your uncontested divorce becomes a contested divorce. If your divorce becomes contested, it can become complicated. Your attorney can guide you through this process.
Finally, the divorce process can be stressful. Your lawyer can help ease the burden a little by negotiating on your behalf.
Do I Have to Go to Court for an Uncontested Divorce?
You may not have to appear in court for an uncontested divorce. It really depends on your case. Generally, you and your spouse file and submit all of the required court forms and documents, including your marital settlement agreement for the judge’s review. After the judge reviews your file, they will then enter your judgment and send it to your or your attorney. In some cases, however, you may have to appear for an informal hearing.
Sometimes disagreements arise during the uncontested divorce process. But your attorney can help with those issues. You may also be able to resolve those issues through mediation or arbitration.
How Long Does a Divorce Take in California?
Divorces, including uncontested divorces, in California take at least six months from the time Petition is filed and summons, with the Petition, is properly served for it to be finalized. However, a divorce can take longer than six months if it is contested.
Is There a Difference Between Uncontested Divorces and Summary Dissolution?
Uncontested Divorces and Summary Dissolutions both end the marriage. A summary dissolution, like an uncontested divorce, can be a much quicker and smoother process than a contested divorce. However, not everyone qualifies for a summary dissolution. To qualify for a summary dissolution, each spouse must meet certain requirements. Read more about summary dissolutions here (page).
If you and your spouse are not eligible for a summary dissolution, you can file for an uncontested divorce.
Are You Getting a Divorce in California? Contact 4WheelJD Today!
While uncontested divorces are usually fairly straightforward, it is crucial that you have legal representation that can help you make sure that you aren’t forgetting any crucial details. 4WheelJD works with couples in Southern California to help make the divorce process as smooth as possible.
4WheelJD is dedicated to serving you in an accessible, flexible, and affordable way so you can focus on starting your next chapter. Contact us for help.
If I could give 10 stars, I would. Miss Tiara Simmons helped relieve a lot of the stress and anxiety I had with my divorce case…She was very quick with getting to work on figuring out what to do to get my divorce case moving. Very organized and thorough with the entire process; the documents, follow ups, filing, etc. I appreciate her work very much.
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