- Carol Highfill
Uncontested divorce FAQ
Updated: Feb 10, 2022
What Is an Uncontested Divorce in CA?
In California, an uncontested divorce occurs when both parties agree to end their marriage and file for a dissolution of their union.
What are Divorce Documents?
Some of the divorce documents that must be worked on include (but are not limited to):
Civil Cover Sheet Identifies the Parties, Type of Legal Action, And Other Important Details About Your Case
A claim rights complaint in divorce identifies the involved parties and why they're divorcing each other.
AFFIDAVIT: certifies the truthfulness of the statement
Court of Common Plea Intake Forms gather information that pertains to domestic relations cases.
Provides information about income and expenses related to employment, insurance, etc., including wages earned, taxes paid, benefits received, and net earnings
What if I disagree with my spouse?
However, if you disagree on even one small detail within the divorce terms, then a divorce mediator would be helpful in order to sort out those terms in a civil manner.
What are the benefits of hiring a divorce mediator?
Therefore, if you hire a divorce mediator you can expect them to settle efficiently on a fair resolution.
How do I file an uncontested divorce?
The steps are as follows:
Fill out any required forms and file the complaint.
Notify your spouse by sending them a copy of the filed papers.
If there has been a divorce between you and your spouse, discuss the terms of the marital settlement either with or without mediation by a trained professional.
Agree to the terms of the divorce by signing an affidavit or a consent form.
To finish the divorce, fill out a form called the "Praecipe to transmit record," which has been reviewed by the court clerk, and ask for approval from the judge before filing it.
What is an Uncontested Divorce?
Put simply, the aspect of an uncontested divorce that makes this process “uncontested” is the mere fact that there is some level of agreement about the terms of the divorce.
What are the financial issues?
If you and your spouse still have financial or parenting issues to work out, it's recommended that you seek the services of a mediator to help you negotiate a settlement agreement prior to filing for divorce.
What if I have a contested divorce?
If your divorce is contested, please consult with a licensed attorney.
How long does an uncontested divorce case take?
Every case takes a different length of time to resolve. It can take at least 6 months depending on the type of case.
What Is Alimony?
In California, alimony (also known as spousal support) is called "maintenance." It is usually paid by the payor spouse to the supported spouse for a period of time until either party dies.
What Is Permanent Alimony?
A permanent alimony agreement may be used when one party has been paying spousal maintenance for an extended period of time (usually at least five years).
What are the legal requirements for permanent support?
For short-term marriages lasting under 10 years, permanent alimony usually lasts less than half of the duration of the marriage, with “marriage” defined as the period from the date of wedding until the date of divorce.
How do I calculate temporary alimony?
A special type of divorce settlement calculator helps determine an appropriate level of spousal support for both parties by calculating various financial figures related to each spouse’s income, assets, debts, living expenses, etc., and then comparing them against one another.
What Happens If You Can't agree on Permanent Alimony?
If you and your ex cannot come to an agreement regarding alimony during your divorce settlement negotiations, then you may be forced into court for a final decision.
Where can I get more information?
More information is available on https://www.paralegaldocumentservices.com/post/uncontested-divorce-in-california.
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