Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
While the idea of a divorce brings to mind conflict and stress for many people, the reality is the dissolution of a marriage does not have to be a stressful affair. When two parties largely agree on the terms of their divorce, it is possible to complete the process without difficult litigation. This process is informally known as an uncontested divorce.
If you are considering separating from your spouse, a compassionate divorce attorney could help you open the door to the next chapter of your life without the need for a drawn-out public dispute. Let an Agoura Hills uncontested divorce lawyer simplify the divorce process for you as much as possible.
In Agoura Hills, there is not a legal distinction between an uncontested divorce and other dissolutions of marriage. The term instead describes a situation where both spouses reach an understanding much on their own on how to take the steps toward dividing property and bringing their marriage to a close.
Generally, an uncontested divorce involves one spouse filing a petition for divorce on no-fault grounds. A no-fault divorce means there is no need to lay the blame for the marriage failing on the other spouse. The non-filing spouse will often waive service of process requirements to speed up the process.
Additionally, both parties must agree on the broad points of the separation. This includes issues including property division, spousal support, and the division of debts. However, even when both parties reach an agreement, the court must also sign off for the terms to become part of the divorce decree.
It is common for the non-filing party to not respond to the divorce petition. This is known as a default divorce, and the motion means the non-filing spouse waives their opportunity to object. While this approach is common, it is worth remembering that it could be risky. If conflicts arise and the parties no longer agree to the terms of the divorce, a default could complicate impending litigation. It is often best for Agoura Hills couples to discuss the ramifications of a default divorce with an experienced lawyer before choosing whether to respond.
In addition to the basic requirements every divorcing couple must face, a couple in an uncontested divorce must largely agree on the terms of the divorce.
However, to help ensure the divorce goes smoothly, both sides must do more than just agree to broad terms. They must also make themselves available to waive service, sign documents, and take the other logistical steps to bring the marriage to a conclusion. This process could be much simpler if an Agoura Hills attorney is assisting an individual with the aspects of the uncontested separation.
No-fault divorces also have residency requirements that at least one spouse must comply with. To be eligible to file, at least one spouse must live in-state for a minimum of six months before the file the petition.
Pursuing an uncontested divorce does not mean you have to waive your right to legal counsel. In fact, an attorney could help ensure the terms you agree to are fair and reasonable and to help you avoid conflict with your former partner. Reach out to an Agoura Hills uncontested divorce lawyer today to learn more.
Hoffer Family Law Firm
