Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
Over the years, divorce has earned a reputation as a drawn-out, difficult process full of drama and disputes. However, not every divorce goes down that road. Many couples are able to split amicably, while others can at least reach an agreement on the dissolution of their marriage without litigation. These are known as uncontested divorces.
There are various benefits to pursuing an uncontested divorce, especially with the guidance of a dedicated divorce attorney. The process could be much shorter and less straining than a typical divorce. A Ventura County uncontested divorce lawyer could advise you if you are pursuing a mutual separation with your spouse.
Despite the name, an uncontested divorce does not mean there are zero disagreements on a small scale. What is important for a divorce to be considered uncontested is that the two parties do not disagree on larger issues. Some issues that must be agreed upon in an uncontested divorce include:
It is also important to note that there is no formal uncontested status in a divorce case. Instead, the term describes a divorce largely devoid of the disputes that would require litigation, which means any divorce could turn into an uncontested divorce before the trial day. While many dissolutions begin with larger disputes, a Ventura County attorney could enter into negotiations to resolve them and render a divorce uncontested.
Different benefits come with pursuing an uncontested divorce. In many cases, uncontested divorces can be much less expensive than contested litigation. This is understandable, as ongoing contested cases are more likely to drag on for months or even years.
The shortened timeline for these cases is a benefit on its own. While there is no guarantee that an uncontested case will move quickly, local counsel could help resolve this type of divorce much faster than a contested divorce.
One of the most common signs of an uncontested divorce is when the spouse who is served with divorce papers does not respond to the lawsuit. The failure to respond is known as a default. In many uncontested divorce cases, this lack of response is intentional. However, it is important to understand that a default in a divorce case could carry risks. The terms in the divorce petition are likely to be granted by the court, making it imperative for a person and their Ventura County lawyer to carefully review the divorce petition in an uncontested divorce.
In many uncontested separations, the petition in a divorce case reflects the agreement previously negotiated by the parties. Whether or not to answer a petition is best left to legal counsel.
There are different ways you could benefit from an amicable separation. Despite the benefits, the best way to work towards your desired outcome is often with the help of experienced counsel.
Without legal representation, your divorce could result in unexpected and unpleasant surprises. Reach out to a Ventura County uncontested divorce lawyer to discuss your options.
Hoffer Family Law Firm
