Uncontested Divorce
In California, an “uncontested divorce” essentially means that the spouses have agreed to divorce and have reached an agreement about all major issues involved in ending their marriage (more on that below).
In general, to get an uncontested divorce in California, you must meet all of the following criteria:
- One spouse must hace lived for the previous six months in California and the previous three months in the county where the divorce case is filed.
- Both spouses must be willing and available to sign all of the necessary paperwork, and both spouses must agree on the settlement of all issues, including division of property, spousal support, child support, and child custody.
- Keep in mind that your agreement on child support must be in line with Californa’s child support guidelines.
Kalfin & Kalfin will help you draft your Marital Settlement Agreement
Kalfin & Kalfin will help you draft your Marital Settlement Agreement that settles all of your issues. The stipulated judgment is a written contract between you and your spouse and is binding on both of you, so be sure that you understand the contents of the agreement.
Once the agreement is complete, you must have it notarized. If you’re having trouble reaching an agreement on your own, Kalfin & Kalfin can help you mediate the final details. Once all the paperwork is complete, Kalfin & Kalfin will file your documents with the court.
The court charges a fee for filing the divorce paperwork. Depending on which California county you file in the fee ranges from $435-$455.
However, the divorce cannot be final until six months have passed since the petition was served on the respondent. Once you pay the filing fees and submit your paperwork, you must serve your spouse with copies of the divorce by having a third party deliver the papers.
Depending on whether your spouse responds, your case will proceed as either a “default” case or an “uncontested” case.
Default Case With Written Agreement
If the respondent does not file a response to the petition within 30 days, you can file forms to request a dissolution by default. Before you do this, however, it’s essential that you’ve properly served your spouse with the paperwork and wait the full 30 days.
Since you and your spouse have already agreed to the terms of your divorce, the judge will approve your agreement and issue a divorce judgment.
Uncontested Divorce With Written Agreement
If your spouse files a response to your petition, your case will proceed as an uncontested divorce. Either you or your spouse must turn in final forms to the court to ask for a judgment of divorce.
The final forms include orders you want the court to make about your property and debt, spousal support, and child custody and support. The judge will generally approve your agreement and sign your divorce judgment.
If there’s some problem with the agreement or other paperwork, the judge will ask you to correct it. Any required corrections are covered by your agreement with Kalfin & Kalfin.
