Calabasas is one of the wealthiest communities in Los Angeles County, so many divorces in the area involve financial issues that can easily lead to disputes. However, not all divorces require protracted court battles in the Central Civil West Courthouse or other locations in the Los Angeles County Superior Court. If you believe you have a simple divorce, you should consult a Calabasas uncontested divorce lawyer to discuss your options.
The team at Hoffer Family Law Firm provides client-focused legal counsel for divorce and a wide range of other family law matters in Calabasas. Jeffrey Hoffer wrote Ending Your Marriage in California: A Guide to Divorcing Wisely to act as a primer for those preparing for dissolution proceedings. This free e-book can be a valuable resource for anyone preparing for divorce, but it is crucial to get specific insights about your individual situation from an experienced attorney.
The US Census reports that only about 7% of men and about 10.5% of women in California are divorced, and the state’s divorce rate is noticeably lower than the national average. However, hundreds of divorce petitions are filed in Los Angeles County each year, and every case presents unique challenges to the divorcing couple. Most divorces start as contested, and the goal of divorce proceedings is for the couple to reach an agreement on uncontested terms.
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Divorce can be a difficult and time-consuming process, but when the divorcing couple agrees on most aspects of the divorce, it’s possible to streamline their proceedings. When a divorce is entirely uncontested, the divorcing spouses can submit their divorce petition with a list of complete terms for property division and other matters, and then complete the mandatory waiting period before their divorce is finalized.
Ending a marriage in California will require addressing several issues. In most divorces, these issues include property division, child custody, child support, and alimony, also known as spousal support. Most divorcing couples will need to negotiate these terms, which can lead to extensive proceedings. Some divorces are litigated while others are resolved through alternative dispute resolution, such as mediation.
In an uncontested divorce, the couple agrees on all relevant terms. They can arrange their own division of property according to California’s community property law, draft a parenting plan for their children that outlines custody and child support, and develop their own solution for alimony or spousal support. Some of these factors will require a formal review from a family court judge, but filing an uncontested divorce is usually expedient.
Some couples may qualify for summary dissolution. This is an even faster option for an uncontested divorce, but it is only available to couples who have been married less than five years, have no children, and share limited assets. A Calabasas uncontested divorce lawyer can review the details of your situation to determine whether you qualify for this option. If so, it’s possible to resolve your divorce relatively quickly.
Ultimately, you may have several options for ending your marriage in California, but even if you and your spouse are on good terms, it’s important to hire an uncontested divorce lawyer to ensure the process unfolds correctly. The team at Hoffer Family Law Firm can review the details of your divorce and help you make more informed decisions. You should consult legal counsel as soon as possible. Reach out to us today and learn more about the legal services we offer in Calabasas.
A: The fastest way to get a divorce in California would be to file a petition for summary dissolution, but this is only available to those who qualify. Filing an uncontested divorce is similarly expedient, but it will still likely require some formal review from the court, especially if you have children with your spouse. All divorces, including uncontested divorces and summary dissolutions, are subject to a mandatory six-month waiting period in California.
A: No, it does not matter who files the petition for an uncontested divorce. In California, all divorces are filed on a no-fault basis for the reason of “irreconcilable differences,” meaning the marriage has broken down beyond hope for reconciliation, and further attempts to reconcile would not be beneficial to either party. Being the one to file the petition does not place you as the “victim” in the divorce case, nor does it offer any legal advantage in divorce proceedings.
A: In an uncontested divorce, property must still be divided according to California’s community property law. However, when divorcing spouses can negotiate terms themselves in an uncontested divorce, they typically have more control over the specific terms of this part of their divorce. Each spouse can retain their separate property, and then the couple can negotiate how to divide marital property under community property law.
A: You should hire an uncontested divorce lawyer to have a better chance of resolving your case efficiently and to have an experienced legal representative review the terms of your divorce. Even if you and your spouse are agreeable, it is still important to have an attorney make sure that your divorce terms are fair and reasonable, and they can also assist with the procedural requirements you must meet with the Los Angeles County Superior Court.
A: The cost to hire an uncontested divorce lawyer typically depends on the time the attorney must spend working on the case. Most family lawyers in California charge by the hour and track time spent on a case. Clients are usually required to pay an initial retainer, and then the attorney bills them incrementally as they work on their case. Make sure you understand your lawyer’s billing policy so you are prepared for your legal expenses.
The team at Hoffer Family Law Firm can help you resolve your uncontested divorce in Calabasas quickly. We have years of experience representing Calabasas clients in a wide range of difficult family law cases and are confident we can guide you to a positive result. Contact us today to schedule a consultation with an experienced Calabasas uncontested divorce lawyer. We look forward to assisting with your case.
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