Understanding Uncontested Divorce
Uncontested divorce means the spouses agrees on all major issues linked with getting divorced. These issues include the sharing of parenting responsibilities and also parenting time. The duration of child support and the amount of money must be taken into account. Property division and debt division must also be included.
In case the couple can reach an agreement, they can file paperwork sans any court appearance. The divorce will be final as soon as required period of time as per California law has elapsed. It is to be noted that not all uncontested divorce proceedings are the same. These kind of divorces may also run into choppy weather. The simplest process happens when no minor children are with the couple and assets are minimal. The proceedings will go fast if each of the spouses are financially independent or capable to support himself or herself by independent means.
If substantial assets or minor children are present
Couples with substantial assets or minor children will be able to move through any uncontested divorce on the proviso that they can agree on all major issues. A few minor disagreements will not derail an uncontested divorce. Negotiation, however, must occur between the two until a complete agreement was reached. A good communication between the spouses will assist in direct negotiations. In case this cannot be the option, the couple can approach a mediator. The professional can then assist in resolving the disagreements. Negotiation may also be done through attorneys. The last option will ratchet up expenses.
Attorneys and uncontested divorce
At attorney may not need to be hired if the couple concerned was not married for a long time. There is no minor children which needs caring. Assets are also too few to be divided. If a complex situation persists, then it makes a wise move to hire an attorney.
Advantages associated with uncontested divorce
The biggest advantage without hiring an attorney is cost. These kind of divorces are considerably cheaper compared to contested divorces. Any uncontested divorce could be completed by paying court filing fees. Even when there are attorneys involved in preparing the paperwork or assisting with the limited negotiations, these fees could be kept much low if that couple can able to arrive at an agreement without taking legal recourse to any court proceedings. Another advantage of uncontested divorce that it can be done out of court. Conflicts are kept to a minimum and recovery time is sped up.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
