Learn about the key distinctions between uncontested and contested divorces to make an informed decision during the divorce process.
What qualifies as an Uncontested Divorce
An uncontested divorce is a type of divorce where both parties agree on all the terms and conditions without any dispute or disagreement. This includes aspects such as division of assets, child custody, spousal support, and any other relevant issues. In an uncontested divorce, the couple is able to reach a mutual agreement without the need for court intervention. It does not mean the parties do not have the benefit of counsel, but it does mean that they do not need to have a judge make any decisions about their case.
To qualify as an uncontested divorce, both parties must be willing to cooperate and work together to reach a final resolution. They should be able to communicate effectively and be open to compromise. It is important to note that even in an uncontested divorce, it is advisable to consult with a divorce attorney to ensure that all legal requirements are met and the process is carried out properly. Often times it helps having someone navigate the process with you and advising of your legal rights so you can make appropriate decisions.
California is a no contest state, which means if you want a divorce you will get a divorce. So you cannot contest getting a divorce, but you can contest the overall division and final outcome.
How is it different than a contested divorce
A contested divorce, on the other hand, is a type of divorce where the couple is unable to reach an agreement on one or more key issues. California is a no contest state, which means if you want a divorce you will get a divorce. So you cannot contest getting a divorce, but you can contest the overall division and final outcome. This can lead to disagreements, disputes, and an overall more adversarial process. In a contested divorce, the court will need to intervene and make decisions on behalf of the couple, if an agreement cannot be reached. This can result in a longer, more complex, and more expensive divorce process.
To finalize a divorce, you either decide or the court makes the decision for you.
Unlike an uncontested divorce, a contested divorce often involves legal proceedings such as hearings in court, negotiations, discovery, and potentially even a trial. The couple may need to hire separate attorneys to represent their individual interests and present their case in court. This can lead to increased conflict and emotional stress for both parties. Divorce is already hard enough, and then to have to fight to finalize makes it even harder.
Additionally, a contested divorce can take a lot longer to finalize given that the parties are at the whim of the court’s schedule. You could be waiting a year or more for time in the court’s calendar. In a contested divorce, the divorce process can take to finalize than the entire length of the marriage.
Are there any advantages or benefits of uncontested divorce
There are several advantages and benefits of choosing an uncontested divorce. First and foremost, it allows the couple to have more control over the outcome of their divorce. By reaching a mutual agreement, they can tailor the terms of the divorce to fit their specific needs and circumstances. This can lead to a more satisfactory resolution for both parties. Leaving the final division of assets and debts up to a total stranger can leave you feeling unwell and disappointed by the outcome.
Additionally, an uncontested divorce is often less time-consuming and less expensive compared to a contested divorce.
The absence of court proceedings and the need for extensive legal representation can significantly reduce the overall cost and duration of the divorce process. It also allows the couple to avoid the stress and emotional toll of a prolonged legal battle. Closure and beginning the next chapter in life typically happens sooner in an uncontested divorce.
Furthermore, an uncontested divorce promotes a more amicable and cooperative relationship between the divorcing spouses if they have children. By working together to reach an agreement, they can maintain a level of respect and understanding, which can be particularly beneficial if they have children and need to co-parent in the future. If the parents are involved in a very contested divorce, it likely leads to a high conflict co-parenting relationship where the parents fight over every decision for their children.
What does the uncontested divorce process look like?
The uncontested divorce process typically begins with the couple expressing their intention to divorce and their desire to proceed with an uncontested divorce. They may consult with a divorce attorney to gather information and understand the legal requirements. Once both parties have reached an agreement on all the terms, they can proceed to file the necessary documents with the court. To finalize your divorce, you will need to have your divorce judgment finalized and filed with the court.
After filing, there may be a waiting period depending on the jurisdiction. During this time, the court will review the documents and ensure that they meet all the legal requirements. Once the waiting period is over, the court will issue a final divorce decree, officially granting the divorce. There is a 6 month waiting period in California before a divorce can be finalized, this is called a cooling off period.
It is important to note that the specific process may vary depending on the jurisdiction and the complexity of the case. It is advisable to consult with a divorce attorney to ensure that all necessary steps are followed and the process is completed correctly.
Will it be Faster? What is the timeline?
Generally, an uncontested divorce tends to be faster compared to a contested divorce. The absence of court proceedings, negotiations, and trial can significantly reduce the overall duration of the divorce process. However, the exact timeline can vary depending on several factors such as the jurisdiction, court backlog, and complexity of the case.
In some jurisdictions, there may be a mandatory waiting period before the divorce can be finalized, regardless of whether it is contested or uncontested. This waiting period can range from a few weeks to several months. In California, there is a 6 month wait which begins at the time of service, before the divorce can be finalized. Once the waiting period is over, the court will issue a final divorce decree, officially ending the marriage. The waiting period for the final divorce judgment can take weeks depending on the backlog of the court.
It is important to consult with a divorce attorney to understand the specific timeline and requirements in your jurisdiction.
How much does an uncontested divorce cost?
The cost of an uncontested divorce can vary depending on several factors such as the complexity of the case, the jurisdiction, and the attorney’s fees. However, an uncontested divorce is generally less expensive compared to a contested divorce. Since attorney’s bill by the hour, the less time they spend on your case, the less their charge is. Going to court will drive up the cost of a case as the attorney will spend more time on your case.
In an uncontested divorce, the couple can avoid the cost of court proceedings, lengthy negotiations, and trial. They may be able to share the cost of a single attorney or opt for a simplified divorce process, which can further reduce the overall cost. It is important to consult with a divorce attorney to understand the potential costs involved and any additional fees that may arise during the process.
How we can help you with your divorce
If you are considering an uncontested divorce, our team of experienced divorce attorneys is here to assist you every step of the way. We understand that going through a divorce can be emotionally challenging, and we are committed to providing you with the support and guidance you need.
Our attorneys can help you understand the legal requirements, gather the necessary documentation, and ensure that all the necessary steps are followed for a smooth uncontested divorce process. We can also provide you with advice and representation in negotiations to help you reach a fair and favorable agreement.
Having an attorney to consult about your rights and obligations can really help in keeping the divorce process uncontested. Knowledge is power, and knowing what the law is and how it works and help keep fighting at a minimum.
Contact us today to schedule a consultation and learn more about how we can help you with your uncontested divorce. For more information or to schedule, call us at (619) 289-7948. We look forward to helping you.
