Uncontested Divorce or Separation
An “uncontested” divorce or legal separation is one where you and your spouse and are able to detangle your lives without court involvement, i.e. you both want to end your marriage and are in agreement on all issues of the divorce including the division of marital assets and liabilities, payment of spousal and child support, custody of children, etc.
The same laws, rules, and guidelines for child custody and visitation, child support, spousal support, and equal property division in a contested case still apply to an uncontested one. The only difference is that you and your spouse are in agreement on all matters, which will make for quick drafting of the marital settlement agreement (MSA) or stipulated judgment and all necessary judgment forms.
Given the finality for many factors outlined in a judgment, it’s highly recommended that you consult with an attorney before entering into a settlement agreement or judgment, if only to make sure you understand your rights under California law, especially when there are assets and liabilities involved. You may also consider limited-scope or flat-rate services to have an attorney review or draft your Marital Settlement Agreement (MSA), since this is such an important document.
A divorce is also considered to be “uncontested” if one spouse simply doesn’t respond to the A petition filed for divorce or legal separation, as the lack of response allows the filing spouse to seek a “default judgment.” In California, neither spouse needs the consent of the other to obtain a divorce, and so long as all appropriate documents are filed and timelines are followed, the default may be sought and entered, however, a default judgment must also follow the same rules as listed above.
The Law Office of Channe G. Coles is well-adept at handling uncontested divorce and separations in each respect. Contact our office today to schedule a free consultation if you feel your case may qualify for an uncontested divorce or separation. By choosing the Law Office of Channe G. Coles, you will have guidance throughout the process and all of your questions will be answered.