What is Uncontested Divorce?

Onward Staff
May 9, 2023
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When both parties agree on all aspects of their divorce, including child custody, property division, and spousal support, it is called an uncontested divorce.

Filing for an Uncontested Divorce

This type of divorce can be filed in two ways. First, the couple can file the necessary paperwork together, or second, one party can file and serve the other with the appropriate papers, providing a specific amount of time (usually 30 days) in which to respond or contest the issues that require their input.

To file for an uncontested divorce, certain requirements must be met. The couple must prove that they have been living in the same state for at least six months. Financial requirements must also be met.

Advantages of an Uncontested Divorce

The advantages of an uncontested divorce are numerous. For one, it saves time and money. An uncontested divorce is also private, with no need for a judge or other third party involved in the case. There are no hearings or trials involved in the proceedings.

Disadvantages of an Uncontested Divorce

However, there are some disadvantages to an uncontested divorce. For example, you will not have the benefit of legal support. If you have children, there will be no custody agreement in place. Additionally, there will be no division of assets, which may mean that you are left with nothing from the marriage if there are no other assets or income sources available to you.

Preparing for an Uncontested Divorce

Before proceeding with an uncontested divorce, it is essential to prepare adequately. Gather all necessary documents, such as your marriage certificate, divorce decree, and any other relevant documents. Consult with an attorney if you are unsure about anything or have questions about the process.

Filing a Petition for Dissolution of Marriage

The first step in the uncontested divorce process is filing a Petition for Dissolution of Marriage with the county clerk's office. This document explains why you want to end your marriage, who will get custody of any children, how much child support will be paid, and how property will be divided between spouses. Once the petition is filed, it must be served on your spouse or domestic partner within 90 days (120 days if they live outside California). Both parties must sign off on all required forms before moving to the next stage.

In conclusion, an uncontested divorce can be an ideal option for couples who have mutually agreed on all aspects of their divorce. By understanding the requirements, advantages, and disadvantages, and adequately preparing, the process can be straightforward and cost-effective. However, it is crucial to ensure that all parties involved understand the terms of the divorce, and that their legal rights are being protected.

Start managing shared expenses with your co-parent easily!

Onward Staff