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Uncontested Divorce in California
uncontested divorce
Mar, 20 2018

At the beginning of any marriage, you and your love exchange vows and promises to each other. These vows often include language about how your marriage will remain until either of you pass away. The problem is that often we don’t realize what may come to pass in the future. Sometimes, a marriage doesn’t go the way that anyone expects, and a divorce can be necessary. Going your separate ways may seem like you have to go through a messy divorce, but one option is to use an uncontested divorce. This type of divorce is an option that makes the divorce process go much easier for everyone involved, but it’s not for everyone.

What Is An Uncontested Divorce?

An uncontested divorce is one where both married individuals are agreeable about the terms and conditions of their divorce. They are typically in agreement about the significant issues that often come up in a divorce. Matters like child custody, child and spousal support along with the division of the assets are all in agreement. This method of divorce is often easier than a contested divorce. The parties involved make all of the decisions and agree with them. The reason why is that the court doesn’t have too much to settle and only has to legitimize the split. Often, an uncontested divorce may just need a court hearing without too much additional necessary.

How Does It Differ From a Contested Divorce?

When it comes to the difference between contested and uncontested divorce, the main ingredient is how many decisions the court will have to make for the parties. A contested divorce often has both sides fighting over how to end the marriage. They cannot agree about how they are going to split the marital assets. This disagreement means it will take more money and time to go through this process. An uncontested divorce won’t require that much time or money because the process is more straightforward with an agreement.

How Can an Uncontested Divorce Be More Beneficial to the Family?

An uncontested divorce is often easier on all parts of the family. Several benefits can be seen from this type of divorce. The couple themselves can see the benefits of a smoother process. Money doesn’t have to be as big a concern because this is a less costly option. The amount of time it takes is also easier on the couple. It allows them to get on with their life after the divorce is final. This type of divorce often doesn’t have as many issues as a contested divorce. That doesn’t mean that problems can’t show up, but that they are less likely.

Divorce can be hard on any children in the situation. It doesn’t matter if the divorce is contested or uncontested. However, it’s often easier on them when an uncontested divorce occurs. They don’t have to be witness to any of the messy drama that often happens with contested divorces. This tension can be hard for anyone to deal with, but especially children. This divorce is often the most comfortable option for them.  

What Is the Process for an Uncontested Divorce?

The process for an uncontested divorce is rather simple. It’s much easier than a contested divorce. It usually starts with a petition being filed with the court. This appeal to end the marriage will include the information that the couple came up with to split their marriage. There will be information about their assets and other financial information. This information makes it easier for the court to go through the information provided to make their ruling.

After this is filed, there’s a divorce hearing in some cases, but not all uncontested divorces need to be heard by the courts. The judgment is then given to dissolve the marriage. This judgment is filed, and both parties are free to go their own way following the agreed upon terms.

This process can often take only three weeks from the initial filing of the petition. However, in some uncontested divorces, a problem may come up with the parties no longer agree on the decisions being made.

How Can a Lawyer Help?

The internet has convinced a lot of people that they no longer need a lawyer to handle some legal matters. There is indeed plenty of information available online about the process of divorce, but a divorce can be a complex issue. Even an uncontested divorce can benefit from the help of a lawyer. It’s very beneficial for you to get a lawyer to help guide you through this process. They can help to protect your rights and that what you agree to is what’s being written up in the agreement. Plus, they can help if your uncontested divorce becomes contested.

Are you considering divorce? You should contact a lawyer experienced with uncontested divorces. Protect yourself and your rights through your divorce proceedings. The Law Office of Erica M. Bansmer can help you through this emotional time. Contact us today to discuss your uncontested divorce.

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Stockton Family Court

  • The Stockton Family Court is a division of the Superior Court Of California.
  • The main responsibility of the Stockton Family Court is to settle matters pertaining to Child Custody.
  • Family Court services also include an orientation program for parents and modifying existing child custody agreements.