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How an uncontested divorce works in California

On Behalf of | Aug 25, 2022 | Divorce

In California, a divorce is commonly referred to as a “dissolution of marriage.” When you decide to file for this, you have options.

While most people may think of divorce the way they see it on television – arguments, conflicts and high stress – it doesn’t have to be like that. You can choose an uncontested divorce, which is not only less stressful but can also help to fast-track the process.

Uncontested divorce defined

In California, you can file a contested or uncontested divorce. It is contested if you and your spouse can’t agree on the terms of your divorce. This process is usually more expensive and takes more time. A judge will make decisions on the elements of your divorce.

An uncontested divorce is possible if you and your spouse can agree on the terms of your separation. In this situation, there’s no need for a judge to decide matters for you. This makes the process cheaper and faster for most people.

Qualifications for filing an uncontested divorce in California

You must meet certain criteria to file for an uncontested divorce. This includes:

  •         One spouse lived in the state for six months and the county where they file the divorce paperwork for the past three months.
  •         Both spouses are available to sign all paperwork.
  •         Both spouses agree on the terms of the divorce.

It’s necessary to create a settlement agreement outlining the divorce’s terms.

Is an uncontested divorce right for you?

Not everyone will qualify for an uncontested divorce. It doesn’t make sense for all situations, either. However, if you believe this is the best option for you, it can save you time and money. It’s wise to seek guidance through this legal process to ensure everything is done properly.