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How to File for Uncontested Divorce in California
Filing for divorce does not have to be an extremely contentious and financially draining process. If you and your spouse can come to an agreement on all of the major issues in your divorce outside of the court, you may be able to settle for an amicable divorce instead of a contested divorce. The divorce process and legal requirements are very similar for contested and uncontested divorce cases. However, having agreements on all issues can expedite the divorce process and significantly reduce costs. It is important to retain counsel to draft all required paperwork for an uncontested divorce in California to be sure all court requirements are followed and the ultimate judgment is enforceable.
Hiring an attorney to complete all of the paperwork for an uncontested divorce is different from hiring an attorney to mediate your case or advise you in the mediation process. To determine if your case is appropriate for mediation or an uncontested divorce without the assistance of a neutral third party, speak with one of our family law experts.
When you need help creating the terms of an uncontested divorce, turn to a reputable lawyer. The attorneys at Cage & Miles have helped clients reach amicable divorce agreements in California and have the experience and knowledge necessary to provide you with trustworthy and beneficial counsel.
Uncontested Divorce Terms
In order to be eligible for uncontested divorce, you and your spouse must agree on all of the major terms of your divorce agreement. This can help you avoid costly courtroom proceedings and other fees which may come up during a contested divorce. It also requires you and your spouse to negotiate these terms, which could potentially prove difficult or sometimes impossible. Terms you must agree on in order to file an uncontested divorce judgment include:
- Spousal support
- Child custody and visitation
- Child support
- Division of assets/property (including real property and retirement accounts)
- Attorney fees (if applicable)
A skilled attorney can assist you during the divorce process by ensuring that the agreement you and your spouse come to is fair and considers the future of your entire family, including the children involved.
Ultimately, spouses who come to one of these agreements on their own tend to be much happier with the end result of their divorce and remain compliant with the negotiated terms. If you and your spouse are at an impasse in your negotiations but would like to proceed with an uncontested divorce, you may consider the mediation process to finalize any last disagreements.
Areas of Family Law
Divorce: Choosing the Right Process
We know that no two cases are the same and that there are no “cookie-cutter” solutions to any problem. This is why the experienced family lawyers at Cage & Miles always apply our full attention and knowledge to every divorce case we take on, ensuring that your matter has the attention it needs.
During your initial consultation, we can discuss the specifics of your uncontested divorce case while conducting an analysis of the complexity of the issues and level of conflict in order to determine the right divorce path for you and your family. Uncontested divorce and mediation may not be appropriate for some cases, especially those involving a history of domestic violence, particularly financial abuse and coercive control.
Cage & Miles expertly focuses on family law and divorce. Because of this, we have an in-depth knowledge of the unique issues that a family can face when they are going through a stressful legal matter. We're dedicated to maintaining an in-depth knowledge of the law and work closely with your family to create the right structure (through contested litigation, uncontested proceedings, or mediation) to find an amicable divorce solution that meets your needs.
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