In California, an uncontested divorce can mean one of two things. First, it could mean that you and your spouse agree on how to handle the most difficult issues, such as property, assets, and custody issues, if children are involved. Second, it could mean that your spouse disagreed with you on your requests but failed to file a response. In cases where a spouse does not file a response within the required timeframe, the filing spouse will receive a default judgement.
In an uncontested divorce, it is likely the court may not need to hear your case and that it can simply be handled by mail or minimal contact with the judge or judge’s clerk.
A contested divorce occurs when you and your spouse disagree on one or more issues. If, however, you are able to reach an agreement on these issues. It can become uncontested. This can be accomplished through mediation, negotiation, or another process that facilitates a mutually acceptable settlement agreement. Once it becomes uncontested, the case can be handled without court hearings.
Given that marriage is a binding legal action, California law requires both forms of divorce to follow the same divorce process. This could mean that, until the court officially ends the marriage, you might be financially responsible for your spouse. Additionally, if you want to remarry, you cannot do so until you have the official judgment from the court that dissolves your marriage.
It can seem like there are an endless number of required forms when you are going through the process of divorce. This may leave some feeling confused and overwhelmed, but these forms are necessary to protect the needs of both parties. You are not obligated to take on everything at once, but rather to complete only what is necessary within its specified timeframe. Take it one step at a time and seek the representation of a skilled and experienced attorney to guide you through the steps to ensure that nothing is overlooked.
Even in an uncontested divorce, having an attorney at your side can make a difference in your case. You do not want to miss anything and make a mistake that may cost you in the future, despite the best intentions of you and your spouse.
If you are considering a divorce, or are in the midst of one, it is important to obtain appropriate legal representation to protect your interests. You and your spouse might be able to agree on all issues, but you do not want to risk anything important slipping through the legal cracks. At The Edmunds Law Firm, our San Diego divorce attorneys have helped our clients reach favorable agreements regarding child custody, child support, and spousal support, and have received a Client Distinction Award in recognition of our excellence. You can rest assured your case will be in good hands with us.
Call us toll free today at (760) 634-7630 for a free consultation.