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Uncontested Divorce in California

File for Uncontested Divorce for a Smooth Process & Transition

Because of California's no-fault divorce laws, you may be able to dissolve your marriage without dealing with a lengthy court process - especially if you and your spouse agree on terms such as property division, child custody, alimony payments, and so on.

Child support payments are determined using a specific set of calculations decreed by the state. This objective formula is based on your income and your spouse's income, how much time your child will spend with each of you, and so on. If you are able to consent to the other terms of your marriage dissolution, your divorce is known as uncontested and can move fairly quickly and painlessly.

In an uncontested divorce, you do not need to undergo the litigation process which usually accompanies drawn-out disagreements. It is still a good idea to retain legal counsel, however, because a good divorce lawyer will be able to make sure that all of the necessary paperwork is properly filed, your property is divided fairly and equally, and your marriage is actually dissolved. A divorce attorney in Torrance can help make sure that nothing is overlooked and all your interests are properly looked out for.

How Long Does an Uncontested Divorce Take in California?

The process of divorce in CA will take approximately six months from the time the person filing officially lets his or her spouse know about the divorce. This entails properly filing the paperwork and serving the spouse via courthouse representative or local sheriff. Please note, that the divorce waiting period may take longer than six months, but not shorter. It will largely depend on the circumstances and what issues are being presented before the court.

What's the Difference Between Uncontested Divorce and Dissolution?

Dissolution of marriage is just the legal term for divorce, and the two phrases can be used interchangeably. However, there is also a summary dissolution, which can be a more streamlined divorce process. In order to qualify for a summary dissolution, the spouses must meet the following requirements:

  • Have been married for five years or less.

  • Do not have any children.

  • Neither one owns a home or other real estate.

  • Value of community property is not more than $40,000 (excluding motor vehicles).

  • Combined debt does not exceed $6,000 (excluding auto loans).

  • Both spouses waive spousal support.

  • Have a written agreement on division of assets and debts.

A couple that does not meet the criteria for a summary dissolution can file for an uncontested divorce if they’ve already resolved all major issues, such as child custody/support, spousal support and the division of property.

Can a Judge Change an Uncontested Divorce?

Although both the settlement (and the divorce) will need to be finalized by a judge, the judge will typically approve a divorce agreement unless the terms completely favor one person or if the arrangements were made while one of them was under duress. Having an experienced divorce attorney review the agreement will help the uncontested divorce process run smoothly.

Getting a Divorce in California? Call Our Torrance Law Firm Today!

While uncontested divorces are usually fairly straightforward, it is crucial that you have legal representation that can help you make sure that you aren't forgetting any crucial details. Colleen and Patricia Barberis of Patricia Barberis, A Law Corporation have worked with men and women around California's South Bay to help ensure that the process is as smooth and painless as possible.

No matter how few legal complications accompany your divorce, this may still be an emotionally difficult and turbulent time for you and your family. It is crucial that you have the support and counsel you need during this process. Our competent, successful legal team has 65 years of collective experience serving families and individuals in Torrance and the greater South Bay region. We are dedicated to client communication and determined to be helpful and compassionate during each step of your marriage dissolution.

Give us a call today and find out what we can do to help you navigate your situation.

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