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Is a Lawyer Necessary for My Uncontested Divorce?

In an uncontested divorce, the expectation is that both parties agree on all matters, and thus there’s no need to bring lawyers into the picture. While it’s definitely possible to secure an uncontested divorce without an attorney, there are many legal hoops to jump through and the potential for error is high, so it’s typically the most prudent choice to enlist the help of a California divorce attorney who can help you navigate those legal waters.

The route towards finalizing an uncontested divorce is, granted, far simpler than a divorce in which a couple disagrees on matters like custody, division of assets, and the like. However, there are still several steps you must legally take to be granted an uncontested divorce - also called a summary dissolution- - n the state of California.

In order to qualify for an uncontested divorce, a couple must qualify in the following ways:

  1. One of the spouses must be a legal resident of California for at least six months, in addition to being a resident of the county where the divorce is being filed for at least three months.
  2. The cited grounds for the summary dissolution must be “irreconcilable differences.”
  3. Between the spouses there must be no minor children, nor can either spouse be pregnant.
  4. There are no unpaid debts totaling more than six thousand dollars; car payments exempt.
  5. Combined marital assets must amount to less than $38,000 in total, and neither spouse can hold individual assets that total more than $38,000
  6. Neither party is owner of any real property, except for a lease that is under one-year.

The list continues on, with more qualifications that must be met in order for a California couple to be granted an uncontested divorce. Beyond that, the spouses then must embark on a whole other set of steps:

  • Filing a joint petition
  • Exchange and submit a host of documents detailing: a declaration of disclosure, a schedule of assets and debts, property declarations, tax returns from the previous two years, documentation of any investments and businesses before and during a separation
  • Completion of a settlement agreement which must be officially filed with Los Angeles County Superior Court
  • Submitting filing fee

As you can see, the amount of qualifications and steps necessary to secure an uncontested divorce in the state of California can be a lot to handle on your own. Divorce—contested, or not - is a stressful endeavor, not to mention all the legal complexities inherent in a decision and action of this magnitude. In other words, it’s perfectly fine, and legal to handle your own uncontested divorce, but it’s a far more realistic, efficient, and tranquil endeavor to enlist the help of a legal professional that has special expertise in uncontested divorces.

We offer flat-rate services for uncontested divorces, and should your situation change and you require further legal help in a contested divorce, we’re able to continue our representation, as well. If you are considering pursuing an uncontested divorce, contact Simply Divorced, where we focus our energy, ability, and know how towards finalizing your divorce with as little stress as possible.

We encourage you to contact our experienced family law attorneys if you and your spouse are planning to amicably dissolve your marriage.

At Simply Divorced, we help you through your uncontested divorce affordably, effectively and efficiently. Please contact us today, and we'll help you to begin the process.