What Does it Mean to Have an Uncontested Divorce?

When you and your spouse agree on how to resolve all of your divorce-related issues, you can pursue an uncontested divorce. It is often the simplest type of divorce proceeding. If you are planning to pursue an uncontested divorce, make sure that you have discussed and are able to reach an agreement on all of the issues pertaining to your divorce.

If you have children, how will you share custody, parenting time, and the responsibilities of parenting?

Will there be any child support payments and if so, how long will they be in place?

Will there be any alimony or spousal support? If so, have you talked about the duration of the payments?

How will the property be divided?

How will the debt be divided?

If you have addressed all of the above issues, and you don’t disagree on any of the issues, you may have an uncontested divorce on your hands. An experienced divorce attorney can prepare your necessary court documents including your divorce settlement agreement outlining and providing detail for all the agreements you put in place regarding custody, division of property and debts, support payments, etc. The judge will then need to approve your settlement and final divorce.

Gaining the judge’s approval is not usually a problem in an uncontested divorce unless the terms are clearly unfair to one person or were arranged by one person who appeared to be under duress. Once approved, the divorce is finalized as soon as California’s 6-month mandatory waiting period passes.

If you are seeking an uncontested divorce, remember that not every divorce runs smoothly; even uncontested divorces can run into problems; especially if there are minor children or significant assets involved or if one spouse has a significantly lower earning potential than the other.

Are you planning to file an uncontested divorce? If you are not sure if you remembered to consider every issue that can come up during a divorce proceeding, please get in touch with one of the experienced California divorce attorneys at The Maggio Law Firm before you move forward with your case. We have the experience you need on your side.

Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  https://www.maggiolawfirm.com/18-important-things-to-know-about-california-divorce/

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.