No two divorces are alike, but there are two main kinds: contested and uncontested. A contested divorce means there is some sort of contention. The spouses may disagree on one or more elements of divorce.
An uncontested divorce, on the other hand, is much friendlier in nature. It means the spouses have no disagreements that require going to court. The divorcing couple decides on all the terms of their divorce instead of a judge. California law allows spouses to reach an agreement and submit it to the court for approval rather than asking a judge to decide disputed issues.
For couples who can work together, an uncontested divorce may offer several potential benefits. If you are considering a divorce, here is what you need to know.
What is an Uncontested Divorce?
In an uncontested divorce, the spouses agree on the issues that must be resolved before the divorce can be finalized. Their agreement is put in writing and submitted with the required court paperwork.
The issues may include:
- Division of community property and debts
- Ownership of separate property
- Spousal support
- Child custody and parenting time
- Child support
- Responsibility for certain expenses
It is also possible for an uncontested divorce to arise out of default. This happens when one spouse files for divorce and the other fails to respond to the divorce summons. They may ignore the summons in hopes that it will simply go away. However, this lack of action benefits the petitioning spouse, who can proceed with the divorce process if their spouse fails to file a formal response within 30 days. The court will then be able to grant the petitioning spouse the exact requests they wrote in their initial petition.
Keep in mind that an uncontested divorce does not always have to stay uncontested. It can turn into a contested one if either spouse disagrees with any part of the agreement or asks a judge to help resolve issues.
What are the Benefits of an Uncontested Divorce?
Why is an uncontested divorce so beneficial? Here are some reasons why:
Potentially Lower Legal Costs
One potential benefit of resolving divorce issues by agreement is reducing the amount of attorney time and court involvement required. Contested divorces can involve discovery, hearings, motions, settlement negotiations, and potentially a trial. Reaching an agreement can eliminate the need to have a judge decide disputed issues.
That does not necessarily mean an uncontested divorce is inexpensive. Couples may still have court filing fees, attorney fees, mediation costs, and other expenses.
More Control Over the Outcome
When spouses cannot agree, a judge may ultimately decide disputed issues after considering the evidence and applicable law. An uncontested divorce allows the spouses to negotiate their own agreement instead. This can give both parties greater control over issues such as property division, parenting schedules, and financial arrangements.
Less Court Involvement
California’s divorce process includes several steps, including filing paperwork, exchanging financial information, resolving issues, and submitting the necessary documents to finalize the divorce. When the spouses have already resolved their disputes, they may be able to avoid some of the hearings and contested proceedings that can occur when they cannot reach an agreement.
More Privacy
Court proceedings and filings can involve sensitive information about a family’s finances, children, and personal circumstances. Resolving disputes privately through negotiation or mediation may allow spouses to discuss some matters outside the courtroom.
However, documents that must be filed with the court can still become part of the court record, subject to California law and applicable court rules.
Less Conflict
A contested divorce can intensify disagreements between spouses, particularly when children, property, or financial support are involved. Working toward an agreement can provide an alternative to prolonged litigation. This may be particularly important when former spouses will continue interacting because they share children.
Greater Flexibility
A negotiated agreement can address the family’s particular circumstances rather than leaving every disputed issue for a judge to decide. For example, parents may be able to develop a parenting schedule that accommodates their work schedules, children’s activities, school arrangements, and other practical considerations.
When Children Are Involved
Parents can reach agreements concerning custody, parenting time, and child support as part of an uncontested divorce. An agreement must address custody and child support when the couple has children and is using an agreement to finalize the divorce.
An agreement involving children should be carefully considered. Parents may want to address not only where children will spend time but also transportation, holidays, vacations, school decisions, healthcare, and other recurring issues. The court still has a role in reviewing the final paperwork and judgment.
FAQs
Q: Does an uncontested divorce mean you do not need a lawyer?
A: No. California allows people to complete a divorce without an attorney, but having an attorney review an agreement can help a spouse understand the legal and financial consequences before signing it. People with substantial property or debt may want to hire an attorney.
Q: How long does an uncontested divorce take in California?
A: Even when spouses agree on everything, California has a minimum six-month waiting period before a divorce can become final. The six-month period does not necessarily mean spouses must spend six months negotiating. The parties may spend much of that period waiting for the statutory period to expire.
Q: Is an uncontested divorce always the best option?
A: An uncontested divorce may not be appropriate for every couple. An agreement may be difficult when there is a significant imbalance in financial knowledge, hidden assets, substantial disagreement about child custody, or a history of domestic violence. A spouse should understand the consequences of a proposed agreement before signing it.
Contact Us Today
An uncontested divorce is the best kind of divorce. It means both spouses agree on all the terms and are willing to move forward amicably.
An uncontested divorce means less stress for all involved. A Lake Forest divorce attorney from The Bledsoe Firm can help you navigate California’s complex legal system with ease. Schedule a consultation with our office today by calling (949) 749-3617 or filling out the online form.
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