For some couples, it simply is not possible to come to an agreement on certain issues in the marriage, and if negotiations break down, each side will need representation for the remainder of the divorce proceedings. Finally, hiring a lawyer for an uncontested divorce is recommended because there is always the chance that an uncontested divorce turns into a contested divorce. You need to fill out several forms, file them with the court, pay … How to Prepare an Uncontested Divorce by Simple Application Updated March 2019. This takes the stress of navigating a complex legal system out of your hands and allows you to focus on rebuilding your life after the divorce. IrwinFamilyLaw@IrwinIrwin.com, Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce without the help of a lawyer. Domestic Violence and Child Custody in California. Some divorce litigants may believe that because they already have agreed to the basic provisions of the divorce, hiring an attorney is unnecessary. FAX: (714) 917-4860, Copyright © 2016 Irwin & Irwin, LLP. How your divorce might proceed can depend on many different factors, including the nature of your community property, whether you have minor children, and the state of your relationship with your spouse. Another reason to hire a lawyer for an uncontested divorce is that a lawyer can handle all of the paperwork with the opposing side as well as with the court. Issues that must be settled between the spouses include the division of property, assets and debts, child custody and parenting agreements, and spousal support. This however, does not mean that an uncontested divorce happens without issue, merely that the couple is able to come to an agreement without the need of a judge. Contacting us does not create an attorney-client relationship. Lawyers have experience negotiating divorce settlements, and even in an uncontested divorce there can be disagreements that require a compromise before the divorce is final. Hiring a lawyer from the start gives the attorney full knowledge of what has occurred and allows him or her to immediately begin preparing for a contested divorce proceeding with the other side. Do I Need a Lawyer for an Uncontested Divorce? Each divorce case is different, as the circumstances of each marriage can be extremely different. My husband and I were only married 2 years, and we've been separated for 2 years now. I still have stuff in his house that I never took, but want to take now. A knowledgeable attorney will be able to review your proposed arrangements and advise you on how to tweak the agreement to have the best chances of being approved by the court. © Copyrights 2020 Irwin & Irwin. An attorney can also review the final paperwork before submitting it to the court, ensuring that you understand all legal rights you have or are forsaking in the final divorce decree before submitting it to a judge for the final signing. Newport Beach, CA 92660-2140, PHONE: (714) 222-3992 If you are seeking an uncontested divorce, you should still consider hiring a lawyer to represent your best interests in the proceedings. West Tower, Suite 3000 Negotiating an Uncontested Divorce. Even if you are considering an uncontested divorce with your spouse, you still should hire a lawyer to represent your interests while negotiating during the divorce proceedings and for other issues that may arise during the divorce. Many people want to keep lawyers out of their divorce for lots of reasons – money, time, or fear that the lawyers will turn an uncontested divorce into a fight. Even if you do not qualify for summary dissolution – such as because you have children – you can still have an uncontested divorce case. Such requirements include: If you meet all of these requirements, there will still be a six-month waiting period before your divorce can be finalized (as is the case with all divorces in California), but you will have no court hearings or additional delays. (Consultations) However, this is often a mistake, as errors during the uncontested process are common and can cause delays and unexpected costs. When Can You Modify Spousal Support in California? Taking the pressure off of handling the divorce yourself can also be helpful during the negotiations, creating a less adversarial environment and leading to more productive, amicable discussions. You also want to make sure your settlement agreement is drafted by an experienced lawyer, so it meets the necessary requirements to be granted as part of your divorce order. This article provides a general overview of the process of obtaining an uncontested divorce in Washington. Even if the spouses resort to some help with their settlement agreement or legal paperwork, the costs of these services are usually significantly lower. Many spouses assume that because they can agree on the issues to end their marriage, they do not need to contact divorce attorneys. Bring the completed forms to the court office: Three copies of the Application; … At least one spouse has been a resident of the State of California for six months or longer, as well as a resident of the county where you are filing divorce for three months, You must state irreconcilable differences as the grounds for the divorce, You must have no minor children, and neither spouse can be pregnant, You were married for less than five years before you separated, Neither spouse owns any real property except a lease agreement for less than one year, Aside from auto loans, neither of you have debts greater than $6,000, You have marital assets that are worth less than $43,000 in total, which includes retirement accounts and deferred compensation but excludes vehicles, Neither spouse has separate assets that are greater than $43,0000, Neither spouse is requesting spousal support, You have both signed a written settlement agreement that divides all debts and assets in accordance with the law, and you have taken steps to transfer those debts and assets accordingly, It covers all necessary issues required by the court, It is in line with requirements under California law, It does not go against your best interests or rights in your divorce, How to distribute your community property, What qualifies as separate property that you each get to keep, Whether or not one of your will pay/receive spousal support, How to set up your child custody arrangement, Whether one parent will pay child support to the other and how much.
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