Types of Uncontested Divorce in California

Getting a divorce can be an incredibly complex and overwhelming process, but when you and your spouse are both on the same page, it can prove to be far simpler. If you are wondering about the types of uncontested divorce in California, enlisting the help of a Glendale divorce lawyer can help you get the answers you need and the results you desire.

Choose the Khalaf Law Group to Help With Your Divorce

When it comes to determining the different types of uncontested divorce in California, one of your greatest assets can be a skilled Glendale divorce lawyer.

With over a decade of experience walking through divorce cases alongside other California couples just like you, attorney Ted Khalaf and his team understand just how complex a divorce can be, as well as how to simplify it and tailor the process to meet the unique needs of each client.

Come and discover how the Khalaf Law Group can help you start building a brighter, more fitting future for your family today.

The Different Types of Uncontested Divorce in California

Back in 2022, the Centers for Disease Control and Prevention, or “CDC”, estimated that 673,989 marriages ended in the United States. The average divorce rate nationwide was 7.1 per 1,000 people. That same year, however, California was listed as having one of the lowest divorce rates in the country, falling at 5.88 per 1,000 residents.

While some of these divorces may have been messy and divisive, others were uncontested. Simply put, an uncontested divorce occurs when both parties agree on all issues raised during the divorce, including debt, property division, spousal and/or child support, and child custody.

There are several different kinds of uncontested divorce procedures that these kinds of couples can undergo, including the following examples:

Default divorce with a written agreement. This occurs when one spouse, the petitioner, files for divorce and the other spouse, the respondent, does not need to file a formal response because the couple has already reached a fully written, notarized agreement.
Default divorce without a written agreement. When the petitioner files, but the other spouse fails to respond within the proper time window, a default judgment can be made based on the petitioner’s proposed terms. This is considered a default divorce without an agreement.
Summary dissolution. Summary dissolutions are a faster and far simpler way for couples to get a divorce, so long as they meet certain requirements, such as the duration of their marriage, a minimal amount of property and/or debt, and the absence of children.
Uncontested divorce with a response. If both parties file for divorce and then reach a marital settlement agreement before trial, they can proceed with an uncontested divorce with a response.

Reaching an Uncontested Agreement in California

If you and your spouse are seeking to reach an uncontested agreement for your divorce, there are specific tools you can use to accomplish this outcome, including mediation and collaboration.

Mediation and Property Division

Mediation occurs when a non-partisan third party steps in to help couples reach an agreement, then pursue its finalization. One of the areas where mediation may prove most beneficial is property division.

Under the California Family Code (FAM § 2500), all community property that has not previously been set apart by a written agreement is to be split 50/50 between the individuals.

Even when both parties are eager to prioritize peace and progress over nitpicking, there is still a lot to process, and it can be beneficial to have that additional outside help guiding you through this often overwhelming process. Child custody and support are other areas where mediation can prove beneficial.

Collaborative Divorce, Child Custody, and Child Support

Collaborative divorce can be especially helpful for aspects of the divorce that may provoke heightened emotions, such as child support and custody plans. While the court will always work hard to prioritize the welfare of your child, no one knows what is in their best interest better than you.

With the help of your lawyer and the lawyer working with your spouse, you can develop a custody, visitation, and child support strategy that actually fits your family’s unique needs.

Hire a Divorce Lawyer

When you hire a divorce lawyer, you can gain access to the guidance and tools you need to implement an uncontested divorce. Not only can your lawyer help you avoid unwanted involvement with the California court system, but they can also serve as an advocate for you,

FAQs

Q: What Requirements Must I Meet to Pursue an Uncontested Divorce in California?

A: There are several requirements couples must meet when pursuing an uncontested divorce, such as providing full financial transparency regardless of whether or not there are any disputes, stating irreconcilable differences, that at least one spouse has lived in California for a certain amount of time, and that both individuals fully agree on every aspect of their divorce agreement prior to finalization.

Q: How Much Does It Cost to Hire a Divorce Lawyer in California?

A: The cost of hiring a divorce lawyer in the state of California often varies depending on the impact of certain factors. These variables, such as who you are trying to hire to represent you, the complexity of your case, and the time needed to finalize your divorce, can all influence your final price.

Q: Am I Legally Required to Have a Lawyer Represent Me in My Uncontested Divorce Case?

A: No, the California courts do not have any rules that require those seeking an uncontested divorce to have legal representation. Still, many individuals have found that the added help of a skilled divorce lawyer can increase clarity in a case while simultaneously decreasing stress. A lawyer can be critical during this time.

Q: How Long Will My Uncontested Divorce Take to Be Finalized in California?

A: In the state of California, the amount of time needed to finalize an uncontested divorce varies, just like the cost of hiring a lawyer. This is mainly due to external factors, such as the complexity of your case, the availability of both parties, the speed at which agreements are reached, and whether you have legal representation.