All uncontested divorces in Southern California begin with the presumption that there is no disagreement about who will ultimately get what in the divorce. That is, uncontested divorces are for those couples who have agreed on how to divide assets, accounts, child custody and/or support if applicable, debts, liabilities and property.
In short, any couple who can amicably come to agreement on the division of assets and properties can pursue an uncontested divorce in Southern California. Whether you’ve been married for 18 months or 18 years is frankly irrelevant. However, at least one spouse must file a declaration of finances which provides the court with an overview of the assets and liabilities of each spouse.
The court will review the final documents to ensure that the agreement isn’t grossly unfair to one party, and if applicable that all child support and agreed upon parenting issues fall within California state guidelines. Assuming that these requirements are met, couples who can sort out their property, assets, bank accounts and more are free to pursue an uncontested divorce.
For couples in California who are married less than five years, who have no children from the relationship (biological or adopted), have no real estate, and who do not have debt of more than $75,000 or community property valued at more than $25,000, a summary dissolution of marriage/simplified divorce is also an option.
While an attorney is not required for an uncontested divorce or a simplified divorce in California, it’s important to note that there are some potential pitfalls you’ll want to avoid should you decide to go it alone. For example, forms and documents that are not filled out thoroughly or have flaws within them will be returned by the court clerk. Failing to disclose an asset or liability can cause your forms to be returned, and your divorce to be delayed. It’s also possible that the court may request a hearing date after your documents have been submitted. In this case, it is often because the declaration of finances has raised a red flag, and the court isn’t convinced that property, assets and liabilities have been fairly divided, or a custody/parenting plan doesn’t seem fair.
If you have chosen to divorce and you and your spouse have agreed upon the terms, it’s still a good idea to have an experienced family law attorney to help you with the paperwork. We can help you to identify arrangements that the court may flag as unfair, and help you to modify them, and we certainly ensure that all of your documents are filled out thoroughly, and that all deadlines are met.
At Simply Divorced, we know that ending a marriage is complicated. Divorce shouldn’t have to be. Contact us today to begin the process of moving forward with a flat fee, uncontested divorce in Southern California today. You will be contacted by our team of experienced Los Angeles based divorce lawyers quickly, and the process can begin almost immediately.