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While many divorce cases are strongly litigated, it does not always have to be so. In our decades of experience in this field, we find that divorcing couples often want to resolve their divorce issues – including child custody and asset division – without serious conflict as far as possible. They do this by negotiating a divorce settlement out of court with help from our attorneys to ensure that their rights are fully protected.
We encourage uncontested divorces in situations where both parties are willing to be fair and reasonable with each other. If you want to know how to finalize your California divorce case without litigation and save precious time and money in the process, this guide is a proper place to start.
When a couple files for an “uncontested divorce”, it means they have already come to an agreement on all of the terms of their separation, such as alimony, child custody and support payments, and property division.
California is a no-fault divorce state. This means neither spouse has to prove that the other did something wrong which caused the divorce. The no-fault laws allow you to dissolve your marriage or domestic partnership without having to engage in a lengthy court process.
If you and your spouse agree to go the uncontested divorce route, there is no need for you to submit to the litigation process at all. The terms of your settlement will be written down in an agreement that can be presented to the judge as part of the uncontested divorce.
By a “good divorce”, we mean things like better co-parenting, more goodwill, less post-divorce litigation, less post-divorce conflict, and better compliance with the divorce agreement in the long run.
Ex-spouses who remain on good terms with each other during their divorce typically do much better legally and emotionally than those who continue to harbor deep resentments against each other. If you have children, we can’t stress enough how valuable this can be.
Through your children, you are in some ways going to be involved in each other’s lives forever. A contested divorce can lead to burnt bridges to the point where you can’t even look at each other without feeling hurt or angry. Ask yourself: do you really your kids to play the peacemaker between you and your ex at their every important milestone?
You probably know that a contested divorce can stretch for several months, and sometimes even a year or more. Nobody wants to be in that situation for that long. Compared to that lengthy process, an uncontested divorce can be completed much faster. Yes, it won’t be finalized until the waiting period of six months is over, but discussing the terms and reaching an agreement can be finished in under a month.
It can take longer than that, of course, depending on how close you are in agreement and how much you have to discuss. The point is, after your case is filed, the difficult part is over. Finalizing the divorce is the judge’s responsibility, which will be handled by our attorneys.
You can get married again only after the final judgment has been issued and the date mentioned on it for your marriage termination has passed. At least six months should have passed after the date the petition was served.
If the respondent spouse hasn’t filed any response and the judgment has not been yet issued, the divorce can be dismissed. For that to happen, the petitioner (the spouse who filed for the divorce) will need to file a Dismissal form (CIV-110). With that said, if the other spouse had filed a Response, both of you will need to sign. But if things have gone even further and an order for support has been entered, our divorce lawyers can help to get the case dismissed.
Contested or not, divorce is stressful. There are many decisions to make, financial issues to resolve, and emotions to consider. Having a compassionate divorce attorney by your side can make a world of difference during this difficult time. Our experienced legal team will hold your hand and help you navigate each step with greater clarity and confidence.
For your uncontested divorce in California, our attorneys can draw up an agreement for both of you to sign. Our clients usually don’t have to go to the court at all in these situations. If you do need to appear in front of the judge, it will be for a very short hearing. Don’t hesitate to reach out to us for a free, no-strings-attached divorce consultation.
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101 Pacifica #220 Irvine, CA 92618
14841 Yorba St, Tustin, CA 92780
Phone (949) 694-4245