Divorce is a scary word. The process can cause extreme stress, anxiety, worry and financial fears. However if the divorce is amicable, the process can be much easier for both parties and the parties can avoid court. When both spouses agree on certain points, the divorce can qualify as an uncontested divorce.
What is an Uncontested Divorce?
An uncontested divorce is one where neither involved party is in disagreement of the parameters of divorce. According to a Los Angeles divorce attorney the two parties must establish residence in the state of California for at least six months and the county where they will be filing for divorce for at least three months. Assuming both parties meet the eligible requirements of a divorce, the two parties theoretically can agree to an uncontested divorce.
For an uncontested divorce to occur, the parties must agree upon certain matters. They are:
- How to divide the communal property and debt
- Whether any party will pay the other spousal or partner support
- What child support and custody or visitation orders you will need if children are involved
If both parties are in agreement on the language of the divorce, an uncontested divorce can ensue. However, if there are any disagreements in these matters, a lengthier contested divorce that can involve court will likely be in the future. In the state of California, all divorces take at least six months as a waiting period of six months is intended to ensure that the filing party of the divorce papers wishes to follow through with the divorce. Uncontested divorces tend to be cheaper and less time consuming than those that go to court.
Can I Switch From a Contested Divorce to an Uncontested Divorce?
A contested divorce is when you and your spouse disagree upon one or more issues during a divorce. Whether property, financial arrangements, child custody, asset divisions or alimony. A contested divorce can be adjusted to an uncontested divorce if both parties agree on the terms of the divorce.
In the event that a divorce was previously contested, but has now become uncontested, a stipulated judgement or a divorce settlement agreement that states the facts of the arrangement can be submitted.
The two parties must have a written divorce agreement or a stipulated judgement agreement that is notarized. Ensure that you carefully read the agreement before signing. Once this document is signed it becomes a legally binding document. If you are ever in question about the document that you are signing, or are looking for additional information or consultation, it is best to confer with an experienced family law attorney in your specific locality.
How Can a Los Angeles Divorce Attorney Help?
Family law and divorce attorneys are a great resource that can help navigate individuals through this difficult and stressful process. The assistance of a divorce attorney on your side can ensure that all the proper paperwork is filed while also mediating potentially contentious matters.
Whether the specifics of a divorce are contested or uncontested an experienced family law attorney will guide you through each phase of the process.