San Diego Uncontested Divorce Lawyer
Do you and your spouse want to separate affordably and amicably? If so, an experienced San Diego uncontested divorce lawyer from the San Diego Divorce Lawyers, APC, may be able to help.
Reach out to us today to arrange a consultation with a member of our team and learn more about the marriage dissolution process.
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How Our San Diego Law Firm Can Help with Your Uncontested Divorce
Getting a divorce from a spouse is never an easy process. However, it is not something you need to work through on your own.
When you hire an experienced and skilled San Diego family law attorney from the San Diego Divorce Lawyers, APC, we will assist you by:
- Helping you to understand how the California divorce process works
- Explaining your rights and responsibilities during your divorce
- Answering any questions you might have about the legal process
- Providing you with sound legal advice and guidance as needed
- Filling out and filing paperwork with the court on your behalf
- Assisting with the drafting of your Marital Settlement Agreement
- Representing you in court–only if necessary
Would you like to have the knowledgeable divorce lawyers at the San Diego Divorce Lawyers, APC, help you separate from your partner? If so, please give us a call or contact us online to set up a consultation at our law office in San Diego, CA. We have the legal skills and industry experience needed to assist you with your case.
What Is an Uncontested Divorce in California?
The majority of marriage dissolutions in the state of California fall into one of the following two categories:
- Contested divorce, or
- Uncontested divorce
Contested divorces happen when separating spouses disagree on one or more of the terms of their marriage dissolution. Separations like these are likely to end up in a long and contentious courtroom battle.
Uncontested divorces, on the other hand, occur when spouses can agree on all of the terms of their separation. This process is typically the quicker and less combative of the two options.
The knowledgeable lawyers at the San Diego Divorce Lawyers, APC, have been helping the residents of San Diego County attain uncontested divorces for many years. If you would like to have us do the same for you, all you need to do is give us a call or contact us online at your earliest convenience.
On Which Terms Must Spouses Agree to Get an Uncontested Divorce?
Before people in San Diego County may finalize their uncontested divorce agreements, they must find amicable solutions to a wide variety of issues. This includes:
Division of Property Assets and Debt
Before getting an uncontested divorce, couples in the state of California must figure out how to divide up their assets and debts.
When left to the courts, these items are almost always divided equitably, since California is a “community property” state. However, when filing for an uncontested divorce, San Diego residents may handle their properties and debts in any way they see fit.
Separating spouses who have children must decide how they will share custody before finalizing their divorce. To do so, they typically consider:
- Where each party intends to live after the divorce
- Which party their children want to live with after the divorce
- How much time each party will have to look after the children after the divorce
If the divorcing couple decides that their children will live with one party on a permanent basis, they must also determine how frequently the other parent can visit.
Raising children in the state of California is an expensive undertaking. As such, is it essential that separating spouses take some time to figure out how much child support one party will send to the other after the divorce.
When courts calculate this figure, they usually look at factors like:
- The amount of time the spouses will spend with their kids
- The incomes of the spouses, and
- The total net disposable income
Couples who are filing for an uncontested divorce are free to determine a figure in any way that works for them.
It is not at all unusual for one party to want spousal support (or alimony) after a divorce in the state of California. If this situation should arise, it is vital that separating spouses take some time to calculate the amount of money that one party should send to the other each month.
Would you like to have a certified family law specialist from the San Diego Divorce Lawyers, APC, help you and your spouse come to agreements on the terms of your divorce? Then please reach out to us today to set up a consultation at our San Diego headquarters. Our team has been handling divorces like yours for many years, so you can feel confident that we will point you in the right direction.
Understanding the Uncontested Divorce Process in California
There are two main routes divorcing couples can go down to separate in a quick and amicable manner. They are:
- Summary dissolution, and
- Traditional uncontested divorce
Summary dissolutions are the most streamlined separation process in the state of California. However, couples who wish to use it must meet a wide range of requirements, such as:
- Having been married for five years or fewer
- Not having any children
- Not owning any real estate
- Having community property worth less than $40,000
- Having a combined debt of less than $6,000
- Waiving spousal support
- Having written settlement agreements on the division of property
Couples who wish to obtain a quick and amicable divorce but who do not qualify for summary dissolutions have no option but to use the traditional separation process offered by the state of California.
To obtain a traditional uncontested divorce, separating couples generally have to take the following steps:
- Have a spouse file a petition for divorce and serve it to the other
- Have the respondent file a response to the petition within 30 days
- Prepare a Preliminary Declaration of Disclosure that lists all of their community and separate property
- Negotiate, draft, and sign a Marital Settlement Agreement
- Draft and sign a Judgment of Dissolution of Marriage
Over the years, the skilled divorce attorneys at the San Diego Divorce Lawyers, APC have helped countless San Diego residents through both the summary dissolution and traditional separation processes. We would be more than happy to do the same for you. When you are ready to get started, all you need to do is pick up the phone and give us a call.
How Long Does It Take to Get an Uncontested Divorce in San Diego?
In most cases, it takes at least half a year to get an uncontested divorce in California. That’s because state law insists upon a six-month “waiting period” for separations of this nature.
Separating couples should note that this six-month period does not start on the date they make the decision to go their separate ways. Instead, it begins on the day one of them files paperwork with the court.
Spouses who want to begin their new lives as quickly as possible can opt to file for a legal separation in addition to their divorce. These agreements allow them to divide their property and order child custody without having to wait for six months.
Do you want to have one of the knowledgeable lawyers from the San Diego Divorce Lawyers, APC, help you file for legal separation while you wait for your divorce to come through? Then please do not hesitate to fill in our contact form and send us a message today. We are always ready, willing, and able to assist our friends and neighbors in San Diego.
Are There Residency Requirements for Uncontested Divorce in California?
California does not allow just anybody to get a divorce in its family courts. Individuals who want to go through this process must permanently reside in the state. More specifically, they must meet the following requirements:
- Must have lived in California for at least six months, and
- Must have lived in their county for at least three months
Notably, the state of California does not put forth a residency requirement for legal separations. Anyone can enter into one of these agreements in a California family court – regardless of where they live.
Would you like to have one of the skilled attorneys at the San Diego Divorce Lawyers, APC, analyze your situation to determine whether you can file for divorce in San Diego County? If so, please reach out to us today to book an initial consultation with a member of our team.
Your Knowledgeable San Diego Uncontested Divorce Lawyer
If you want an experienced San Diego uncontested divorce lawyer to aid you with your separation from your spouse, there is only one law firm you need to call – the San Diego Divorce Lawyers, APC. Our team has been helping clients dissolve their marriages in a quick and amicable manner for years. Reach out to us today to set up a consultation and learn more about how we can assist you.