What Is an Uncontested Divorce?
Answers from a Newport Beach Divorce Lawyer
California allows for "no-fault
divorce," which means a marriage can be dissolved if the court finds that
there are "irreconcilable differences." Essentially, the court
recognizes there are disagreements which have caused an irrevocable breakdown
in the marriage. In order to qualify, one partner has to have been a resident
of California for a continuous six months and their specific county for
three continuous months. Once the petition for dissolution is filled,
the marital status cannot be terminated until after 6 months has passed
from the filing date.
As a certified family law specialist with almost 20 years of experience,
Attorney Marc E. Mitzner can help you avoid mistakes or delays that can come with these complex
legal matters. Even if you and your spouse are in complete agreement over
the terms of your divorce, it is still wise to retain legal counsel for
Call a Newport Beach divorce attorney right away who can help you through the divorce process and safeguard
Contested vs. Uncontested Divorce
There are two ways to complete the divorce process: uncontested or contested.
In order to complete the divorce process, you and your spouse will need
to address certain key factors. It is these factors that often cause a
divorce to be contested, as couples can have a hard time coming to an
agreement upon all terms involved in a settlement which prolongs the process.
Some of the issues you will need to work through include:
When these matters cannot be mutually agreed upon between both spouses
of a divorcing couple, the case may be contested in court. Contested divorces
are not light matters of disagreement; these are hotly debated issues
that the couple absolutely cannot come to terms on without legal intervention
or mediation which is why you should call our firm to help.
Uncontested divorces, on the other hand, are cases where a couple can reach
a favorable agreement for all parties involved, without the need for litigation
in court. While this does not mean that a couple will agree on every single
issue, it does mean that they are willing to compromise on those issues
so that both get a favorable and fair outcome. Not only are these divorces
more peaceful, but they are also resolved more quickly and are typically
Common Questions About Uncontested Divorce
What are the requirements for an uncontested divorce?
One spouse needs to have lived in California for at least six months,
and they must be pursuing a divorce on the grounds of "irreconcilable
differences." Furthermore, there must be no minor children involved,
spouses need to have been together for at least five years, have less
than $6,000 in debts, and both must be willing to sign a settlement agreeing
on the settlement.
What are the benefits of an uncontested divorce?
An uncontested divorce sets the tone for the current situation, but also
lays the foundation for a more workable relationship in the future, since
animosity was avoiding during the process. It will also save you money
if you can settle the terms of your divorce outside of court and in a
more efficient manner. Another reason to do so, and perhaps even more
importantly, is that individuals who are able to file for an uncontested
divorce are not subject to the higher degree of stress and anxiety that
can accompany a
What is a marital settlement agreement?
An agreement is prepared by an attorney if your case is settled outside
of court. It will contain all the terms of your settlement, such as property
division, debt division, and other matters. This document is then submitted
to the court for the judge to approve and sign.
Protect Your Rights—Call Our Firm Now
Although an uncontested divorce may be easier and swifter than a contested
one, the law is still very specific about how the process should be conducted.
You still need to ensure you are adhering to the law so that your divorce
can stand in court and that you are not being taken advantage of in any
way. That is why you need to hire a Newport Beach divorce attorney from
The Law Offices of Marc E. Mitzner who is capable of carrying out this
type of marriage dissolution.