San Diego Uncontested Divorce Lawyers

Helping Our Clients Avoid the Difficulties of the Family Law System

San Diego divorce lawyers can attest to the fact that there’s nothing enjoyable about ending a marriage. These legal professionals see situations where former partners can no longer stand each other. This often leads to stressful and adversarial situations. However, an uncontested divorce is an option for divorcing couples who wish to end their marriage on amicable terms while avoiding the high financial and emotional toll of a heavily litigated divorce. You can save time, legal fees, and so much more. A San Diego uncontested divorce lawyer may be able to help.

At Khosroabadi & Hill, APC, our experienced family law firm can guide you through this process. Even when you’re opting for an uncontested divorce, it is still important to stand up for your rights. This is true even if you are not planning to go to trial. The family law attorneys at Khosroabadi & Hill go over how uncontested divorce proceedings work in California and why you may still want to retain an attorney to help you. If you are looking for a skilled divorce attorney to represent you or answer your questions, contact Khosroabadi & Hill today at (858) 434-1020.

What Is the Difference Between Contested and Uncontested Divorces?

A contested divorce is when a couple cannot agree on the terms of their divorce, such as property division, alimony, child custody, or child support. In these cases, the couple may need to go to court and have the judge decide the terms of the divorce on their behalf. This process can be lengthy, expensive, and involve a lot of emotional distress — especially when one or both parties act uncooperatively and are not willing to reach a compromise. In such instances, both parties lose control over their divorce case. All decisions are issued by the courts.

In contrast, an uncontested divorce happens when a couple agrees on the terms of their divorce and can produce an agreement without going to trial. This type of divorce is often much faster, simpler, and more cost-effective than a contested divorce. Most importantly, an uncontested divorce allows the divorcing spouses to make decisions on their own terms and retain some control over the entire process. This is a significant benefit that avoids having a stranger make the most important decisions in your life — even if that stranger is a judge.

Most people don’t realize it, but a completely contested divorce is relatively rare. Even when people’s irreconcilable differences are so severe that they cannot get along at all, it’s often the case that they can agree on at least one issue. For instance, it’s possible to reach an agreement on child custody but not the division of marital assets. This is why you should consider working with an uncontested divorce lawyer in San Diego.

They may be able to help you reach an understanding with your former partner — and then they can guide you through the necessary steps to litigate other issues.

What Does a Divorcing Couple Need to Agree on in Order to Have an Uncontested Divorce?

During the uncontested divorce process, couples need to agree on a number of crucial items — such as the division of assets and debts, spousal support, and child support and custody. The couple will also need to decide how they will handle the division of any property that was acquired during the course of the marriage and who gets to keep the pets, vehicles, and retirement accounts, for example.

Financial assets should also be discussed, and the parties may need to find a fair and equitable resolution for the division of assets (including real estate, investment accounts, financial assets, and personal property) and debts (including credit card debt, mortgages, car payments, and any other liabilities), as well as alimony or child support payments, if applicable.

Some uncontested divorce agreements may also contain provisions addressing how these issues should be handled in the future in case either party changes their mind about the terms of the agreement. These are all complex legal issues, but unfortunately, many people don’t realize how complicated these matters can be until they’re already engaged in the process. Fortunately, it’s never too late to reach out to a San Diego uncontested divorce lawyer. Our legal team is here to help.

Is a No-Fault Divorce the Same as an Uncontested Divorce?

A no-fault divorce is a type of divorce where the couple does not need to prove that either party was at fault for the breakdown of the marriage. This type of divorce is based on the idea that the marriage is no longer working and that it is best for both parties to move on. In contrast, an uncontested divorce is where both parties agree on the terms of the divorce and can produce an agreement without going to trial. While there may be similarities, these are two separate matters — and it’s important to understand both before filing for divorce in San Diego.

In an uncontested divorce, the couple agrees on a number of issues, such as the division of assets and debts, spousal support, and child support and custody. Additionally, couples need to agree on how to handle marital property division. In other words, if the couple agrees on all aspects of the divorce, the divorce is uncontested. If neither party blames the other for the end of the marriage, the divorce is considered a no-fault divorce. Most uncontested divorces are also no-fault and thus require much less time and effort to complete.

However, keep in mind that not all no-fault divorces are uncontested. Sometimes, two former partners just want their marriage to be over without having to cast blame on either individual. Still, these situations can lead to contested divorces if the parties involved cannot reach an understanding on important issues. That’s why you need to work with an attorney who is also a certified family law specialist. That’s exactly what you’ll find when you contact our law firm. We’re always here to assist.

How Is Child Custody and Support Decided in an Uncontested Divorce?

In an uncontested divorce involving children, the parties will need to reach a mutual agreement on key issues related to child custody and support, such as where the children will live, how much time they will spend with both parents, and which parent gets to make decisions regarding education, health care, and religious upbringing. The couple must also decide which parent will pay child support and, if so, how much. Additionally, the couple needs to agree on a visitation schedule for the noncustodial parent.

The spouses may have to submit their plans to the court for approval. In general, the judge may approve parenting plans that align with the best interests of the children. Since child custody and support matters tend to be very emotional for both sides, the parties may consider getting the help of a mediator to help them resolve any disagreements without going to trial. However, working with San Diego divorce attorneys is important even if you’ve reached an agreement with your former spouse.

That’s because there’s no guarantee that the judge will approve your agreement. As mentioned, parenting plans must align with the best interests of the child involved. This is true in every aspect of the divorce process, and it’s why such issues cannot be included in prenuptial or post-nuptial agreements. Many divorce cases become overly complicated because the parties include terms that the judge will not approve. Our law firm can review your agreement to ensure it’s legally sound.

What Are the Steps to Getting an Uncontested Divorce in California?

Before starting an uncontested divorce, the parties will need to make sure they meet the residency requirements for filing for divorce in California. The state requires either party to have lived in California for at least six months and either spouse to have lived in the county they plan to file in for at least three months. Unfortunately, this is far from where the legal complexities of the divorce process — even an uncontested divorce — end under California law.

The divorce process starts by filing all necessary forms with the court and paying the filing fee. The spouse who files is the petitioner, and the other spouse is the respondent. The respondent is served with the divorce papers next, and if they respond by agreeing with all the terms of the divorce, the divorce becomes uncontested. The parties may negotiate all relevant issues, such as property division and child custody, and then submit a written agreement for approval by the court. After a required six-month waiting period, the divorce can be finalized without the need for a courtroom battle.

If no issues are contested, the judge may issue a summary dissolution. This can greatly reduce costs, necessary court papers, and time spent going through the process, among other benefits. Still, you should seek out advice from an experienced lawyer. They can make sure that you avoid any mistakes that could turn your uncontested divorce into a legal nightmare.

Why Is It a Good Idea to Hire an Attorney for an Uncontested Divorce?

Even if you do not plan to take your case to trial, hiring a skilled divorce attorney is still recommended. Even the most amicable of divorces can be difficult and very emotional, making it hard for both sides to act reasonably or make decisions with a clear mind. An attorney can help ensure that your divorce process goes smoothly while protecting your rights and helping you make the right decisions without acting solely based on your emotions.

Your attorney can help you with every aspect of your divorce – from making sure you are filling out and filing the necessary forms to helping you with any issues that may arise after the divorce is finalized. Building a relationship with your legal representation can also pay dividends in the future. Perhaps it becomes necessary to modify a spousal support order, or maybe you find out that your ex was hiding assets during property and debt division. These and similar issues can require future court action.

Put simply, it’s ideal to work with someone who understands the law even when spouses agree on seemingly everything. With a San Diego uncontested divorce attorney on your side, you can feel comfortable that everything is settled when you go your separate ways — and if issues arise later, your attorney will already have a solid understanding of your situation.

Can You Request Modifications for Uncontested Divorces?

In many areas of the law, the court’s decision is final — particularly when both parties agree to it. One might assume that this is true in uncontested divorces, but these orders are not set in stone. As mentioned, issues can be reopened if fraud or other illegal acts are later uncovered. However, illicit behavior isn’t a prerequisite to seeking modifications. In fact, either former spouse can request an update to their divorce order if significant changes have occurred.

For instance, what if the individual receiving spousal support gets a new job and no longer needs financial support? In such situations, the courts may rescind the initial alimony order — even if it was agreed upon by both parties. This is also true for child support orders, and if a situation has changed and the custodial parent can no longer properly care for their youngster, the court will even consider updating these orders.

To seek a modification, you simply have to submit the proper legal paperwork at the local courthouse. Our team of divorce lawyers in San Diego, CA can assist with this process. Contact us today to learn more.

Can Contested Divorces Turn Into Uncontested Divorces?

Even if you’re working with the best divorce lawyer in San Diego, there’s no way to predict exactly what a judge will order. This is why uncontested divorces are so important. They avoid any of the surprises that occur during the legal process. Therefore, it never hurts to work towards an amicable solution — even if such a solution seems impossible. In many cases, mediation can turn a divorce that seems untenable into a positive outcome for both parties involved.

However, keep in mind that you can still have legal representation during mediation. An attorney can make sure that both sides understand relevant California law, and in many cases, this is enough to avoid drawn-out court battles. If a divorce process that started out contested can become amicable, your attorney can submit the proper divorce paperwork to the courts and get the ball rolling. And even if you can’t agree on everything, coming to an understanding about even a few issues can greatly reduce costs and time spent in court.

Contact Our San Diego Divorce Lawyers Today

No one enjoys going through a divorce. Even when a marriage encounters major issues and it’s best for both parties to go their separate ways, it’s sometimes difficult to envision a favorable outcome as your relationship ends. Fortunately, this process doesn’t have to be more difficult than necessary. In a no-fault state like California, it’s possible to simplify the process of both divorce and legal separation. While a San Diego divorce lawyer can’t take away the emotional toll, they can lift many of the other burdens off your shoulders.

At Khosroabadi & Hill, APC, we’re here to help simplify the divorce process as much as possible. Our knowledgeable divorce lawyers are here to guide you and to remind you that an amicable split isn’t a bad thing. Getting an uncontested divorce does not have to mean you’re giving up your rights. It simply means you recognize the importance of moving on with your life with as little disruption as possible. Reach out to the attorneys at Khosroabadi & Hill by calling our office in San Diego at (858) 240-2093 to request a free initial consultation. We’ll discuss your case and help you understand how we can help.