If you file for divorce in California you can choose between having a contested case or an uncontested case depending on your circumstances. An uncontested divorce is whereby both parties agree on the major issues in the divorce like: child custody and support agreements, property distribution and spousal support. It is not all divorce cases that can fall under the purview of uncontested divorce cases. Some divorce cases that have complex issues may not fit the bill for an uncontested divorce case.
Indications for uncontested divorce cases
For a divorce case to be filed as a uncontested divorce both parties need to agree on issues like: child-custody, division of property and spousal support. Both contested and uncontested divorce cases need to be filed in court. Uncontested divorce cases have streamlined paperwork that has details regarding the grounds for divorce as well as how other issues like property distribution, child custody and spousal support will be done. The request made for an uncontested divorce case is granted when the other party fails to appear in court or the other spouse consents to the terms stated. The case changes from being uncontested to contested when the other party disagrees and files the necessary documents.
Benefits of the uncontested divorce
One major benefit of uncontested divorce is savings when it comes to divorce cases. Having a divorce lawyer is a good idea but the fees associated with the court and the attorney are significantly lower because all the relevant papers have been filed. An uncontested divorce case allows couples to have their divorce granted faster compared to a contested divorce case. A known fact is that in an uncontested divorce case there are fewer legal proceedings and legal tussles.
Any kind of divorce comes with some conflict but this conflict is reduced when the parting spouses offer as fewer opportunities as cannot be avoided. With fewer demands for information going back and forth and fewer proceedings to resolve unresolved issues in the divorce the amount of conflict between the soon to be exes can be decreased.
Information filed in any divorce proceeding becomes part of public information-unless it has been filed under seal (which is not easy). The good thing is that in an uncontested divorce there is limited private information available thus there is less damage that happens when the information becomes public knowledge.
Advantages of a contested divorce
Couples that have complex issues like children, complex property arrangements or spousal support should opt for a contested divorce so as to solve these issues. The trade-off for simplicity or reduced costs associated with uncontested divorce cases will come at the expense of being able to reach a satisfactory decision on issues like child custody, spousal support arrangements or intricate property distributions.
Regardless of whether you file for an uncontested case or a contested case you still require a good divorce lawyer.