Benefits of an Uncontested Divorce
If you are thinking of divorcing your spouse, the most time and economically practical means would be through an uncontested divorce. An uncontested divorce may be the best choice but will only be possible if you and your spouse can see eye-to-eye on all matters including jointly owned assets, business ventures, spousal support, child custody and child support.
An uncontested divorce can proceed with minimal need for you to show up in court and can offer the most discrete means of handling such a personal life decision. Since both parties agree on all aspects of the dissolution of marriage, less time is spent working with your attorney or arguing before the courts and as a result, both parties end up saving time and money.
Aside from saving both your time and money, filing an uncontested divorce reduces the physical and mental anguish involved for you and your spouse and any minor children resulting in the best possible course for the children.
Do I Quality for an Uncontested Divorce?
Anyone can file for an uncontested divorce provided they can work past areas of the separation that they currently can’t agree on. In some cases, couples may file for divorce contesting certain areas however with the help of talented legal representation, the opposing party may be willing to work through the contested areas. If you can answer yes to most of the following, then an uncontested divorce may be a suitable option for you.
1. Do you and your spouse agree or nearly agree to how communal property will be split?
2. Do you and your spouse agree or nearly agree on how any business assets will be split?
3. Do you and your spouse agree or nearly agree on spousal support?
4. Do you and your spouse agree or nearly agree on child custody?
5. Do you and your spouse agree or nearly agree on child support obligations?
6. Do you and your spouse agree or nearly agree on debt obligations?
An uncontested divorce may not be for everyone and just as every relationship is different, so are the circumstances for each case. If you are considering a divorce you should reach out to the Law Offices of Sam Walker to discuss the circumstances surrounding your case to help you determine the appropriate course to achieve your desired results.
What Takes Place During an Uncontested Divorce?
Once both parties agree on the critical aspects to the dissolution of marriage and how to divide assists, debt and other responsibilities, you will sit down with your legal counsel to finalize the divorce proposal in writing. This process takes place outside the courtroom at a mutually agreed upon location (normally your attorney’s office). During this time, your attorney will work on your behalf to gain any additional benefits in your favor along with argue for better terms in any areas you feel are debatable.
The time needed for this aspect of the uncontested divorce will depend completely on how quickly you and your spouse can agree on any final areas of dispute. Once both sides feel an agreement can be reached, the paperwork needed for submission to the Orange County or Los Angeles County California Courts is signed by both parties and a date is set for them to be presented to the judge. After review by the judge, the dissolution of marriage is granted, and your divorce is finalized through issuance of a Judgment.
What If My Spouse & I Can’t Agree on an Uncontested Divorce?
If you and your spouse can not agree on critical areas to the divorce, then your attorney will file for a contested divorce and build a case for you regarding the areas being contested. You can learn more about contested divorce on our Contested Divorce page.
Our Approach to Uncontested Divorce
At the Law Offices of Sam Walker, we believe in helping clients achieve positive outcomes by utilizing our experience to assist the parties in settling any differences and complete the divorce process in a timely and cost-efficient manner. We do this by thoroughly reviewing your situation to determine a fair and equitable settlement.
Should your spouse be unwilling to negotiate with the terms we set forth, we have the experience and compassion to argue a solid case on your behalf during a contested case. When you need an attorney on your side with the experience and know how to help the parties proceed with an uncontested divorce you should consult with the Law Offices of Sam Walker.