As a rule, when compared to traditional, contested divorces, uncontested divorces are easier, faster, and less traumatic to everyone involved. Still, the legal advice and counsel of an experienced divorce attorney can make navigating the process of marriage dissolution simpler.
The Law Offices of Stephanie L. Mahdavi and our Westlake Village uncontested divorce attorney are ready to help you close this chapter of your life as amicably as possible. Reach out to us for a consultation of your case by clicking here or calling 805-379-4550.
In the state of California, divorces are either contested or uncontested. When a divorce is contested, it means that the divorcing parties cannot reach an agreement about facets of the divorce, so a judge holds a trial and examines any evidence presented by the petitioner and the respondent before deciding the terms of the divorce.
An uncontested divorce is much simpler. The couple agrees to the major issues in the divorce, so there is no trial. An agreement is prepared, and both parties are bound by it. A divorce can also be considered uncontested if the respondent does not respond to the petition for divorce within 30 days. In this instance, the divorce is granted by default, without any input on the respondent’s wishes.
Getting an uncontested divorce in California involves working out the details of the divorce with your spouse or domestic partner when it comes to:
One spouse must file the petition for divorce, which explains that you are seeking a divorce, name the legal grounds for the divorce, and include information about both spouses, children, property owned, and debts owed. The respondent has 30 days to file a response or face a default judgment of divorce instead.
If the respondent files a response, then the case proceeds through the uncontested divorce process. Final forms in the case are submitted for the court’s approval. The judge will likely approve the agreement and dissolve the marriage. There is a six-month waiting period in both uncontested and default divorces before the divorce is officially final. The six months begins when the respondent is served with the petition. Any problems with the divorce paperwork can hold up the process and delay the issuance of the final divorce decree.
An uncontested divorce has several advantages, including the fact that there is no need for multiple appearances in court or a trial. This makes the uncontested divorce easier and less expensive than the contested variety. Let our Westlake uncontested divorce attorney with the Law Offices of Stephanie L. Mahdavi help you through the divorce process by helping you negotiate amicable terms and file your paperwork. Reach out for a consultation of your case by clicking here or calling 805-379-4550.
