Is the Process For an Uncontested Divorce in California Simple?

Uncontested divorce laws in California may vary from other states. In fact, many divorce, child support and custody laws are different in each state as well, so speaking with a family law lawyer in California is important for residents of the state. Moreover, each divorce case may be unique in its own way, so speaking with a family law attorney regarding specific steps required for your case is important.

If no fault is claimed in the case, the process tends to move through the Court much easier. These divorces are also much cheaper than contested divorces in which one party must prove the other was at fault. An uncontested divorce in California or in other states is possible if both sides cite irreconcilable differences as the reason for their divorce; neither party is claiming the other to be at fault for the failure of the marriage and the process is usually a lot simpler.

In an uncontested divorce in California, both parties are in agreement regarding the division of their assets, child support issues, child custody and any other issues that may be present in the divorce. While a couple may file for divorce without assistance from an attorney, hiring one to draft up the paper work so that one's legal rights are protected often proves beneficial.

In some cases, the Court may decide who gets custody of the children once they determine what would be in their best interest. If a party objects to the ruling, the case becomes contested and an attorney should be consulted to dispute the Court's ruling.

When spousal support becomes an issue, the uncontested title is removed from the divorce and it becomes contested. Spouses that request alimony or other support often face opposition from the other party. Both sides are encouraged to speak with an attorney to reach a settlement on the matter or to do away with the notion altogether.

An attorney is also helpful if legal terms become confusing. Many people do not fully understand the meanings of various custody terms such as joint legal custody and sole physical custody. If the Court grants this type of custody, both parties will have a legal right to make decisions regarding their child's education, health, etc. The child will live with one parent with visitation rights granted to the noncustodial parent.

Understanding the particulars of any divorce case is important. While this type of divorce is the easiest, it may provide unexpected twists and turns so be sure to seek qualified legal counsel when necessary.

Justin recommends to discuss your case with a California Uncontested Divorce Lawyer or just get the forms online. However, a California Divorce Lawyer is best, so visit the offices of Diefer Law Group.