Helping Bakersfield Families
Bakersfield Uncontested Divorce
An uncontested divorce occurs when both parties mutually agree on all aspects of their separation without needing to rely on the judgment of the court. Uncontested divorce proceedings are considered an amicable divorce, as both parties are satisfied with their decisions in regards to spousal support, child support, and asset division. It is also less costly and often permits a quicker divorce.
We have helped an extensive number of people finalize uncontested divorces. Our years of experience helping the Bakersfield community in divorce and family law cases have helped provide our clients with a complete understanding of their options. An uncontested divorce is not always the right path for every couple, so it is highly recommended that you explore all options that Canaday Family Law presents.
Conditions for Uncontested Divorce in California.
Certain prerequisites must also be agreed upon by both parties, including:
- Grounds for divorce
- Child custody
- Child support
- Division of property
When you work with Canaday Family Law, we will provide you with legal support from start to finish. Our goal is to relieve you of the legal paperwork and offer prompt results. We offer a personalized approach that will ensure a simple legal process while protecting your best interests every step of the way.
Common Questions About Uncontested Divorce
If you have decided to file an uncontested divorce, then you probably have questions. We have answers, and we can help you schedule a comprehensive case evaluation with our firm today.
What is the Difference between Contested and Uncontested Divorce?
Most people want to avoid contested divorce because this type of divorce proceedings happens in court and can be both expensive and lengthy. If you want to pursue an uncontested divorce, on the other hand, the agreements surrounding your divorce will be decided outside of court. Since uncontested divorce sounds so much more favorable, you may be wondering how you can qualify.
In order for your divorce to be considered uncontested, you and your spouse must agree on some main issues:
- Grounds for divorce
- Child custody (if applicable)
- Child support (if applicable)
- Property division
The grounds for divorce in an uncontested divorce are typically deemed “irreconcilable differences.” This simply means that neither spouse is blaming the other for anything, but rather they are stating that they have grown apart and interests have changed.
If a spouse is blaming the other and they do not see eye-to-eye when it comes to these issues, the divorce proceedings will likely need to continue in court as a contested divorce case. In this case, the court determines the outcome for both parties. One thing both types of divorce have in common is that to file in the state of California, you must have been a resident for at least six months.
How long does an Uncontested Divorce take?
Every divorce is different, which means that the length of the divorce process will vary from case to case. Generally, uncontested divorces take far less time than traditional divorce proceedings—which require numerous visits to the courthouse. In most cases, an uncontested divorce will take at least six months but has the potential to extend up to a year or even longer. This will depend on how quickly the paperwork can be filed as well as how thorough it is and how busy the Kern County court is.
What is Uncontested Divorce like with children?
Divorce is complicated enough on its own, let alone when children are a determining factor. Chances are since you are seeking uncontested divorce with your spouse, you both care immensely for your children. However, there are still issues that need to be addressed and worked through when it comes to your children. An uncontested divorce means that you are trying to settle your divorce outside of court. This can only be done if you and your spouse come to a complete agreement on key issues. If you have children, some of those issues will directly involve them.
One of such key issues is child custody. You and your spouse will have to determine with the help of an experienced family law attorney what kind of parenting arrangement is best for your children. Remember, their interests come even before your own in the case of divorce.
Once child custody is determined then you can discuss child support. Most often, the spouse that is responsible for the children the least amount of time will be legally responsible for paying child support payments. The amount of these payments will, of course, differ from case to case. Other issues that may arise in an uncontested divorce involving children are visitation rights and parent relocation.
What is Contested Divorce like without children?
You are likely seeking uncontested divorce because you want your proceedings to move by quickly without a lot of issues along the way. Uncontested divorce gives you as well as your partner the opportunity to hammer out the details of your divorce outside of a California courtroom.
This can be an especially viable option for those who do not have children involved. Children are a big part of the decision-making process when it comes to the finalization of a divorce, which is why spouses with no children don’t necessarily have as many hurdles to jump through, although there are still issues that need to be worked out.
Without children, the biggest issue you and your partner are likely having to face is how to divide your assets. An attorney from Canaday Family Law can help you with asset division to ensure that you aren’t getting cheated out of anything that is rightfully yours.
Assets can also be called “property” which can confuse what that entails. Asset division can even include immaterial things including debts and retirement savings. You or your partner may also be looking at the possibility of spousal support payments, also known as alimony. Whether or not you have children, seeking legal help for your uncontested divorce is a must.
Will I be required to appear in court at any point?
One of the many benefits of filing for an uncontested divorce is that you will typically be able to avoid going to court. Unless the judge has a question about something listed in the divorce proposal that you and your partner submitted, it is rare that either party would be required to appear in court. However, if you or your partner disagrees with any of the terms laid out in the agreement, the divorce would no longer be uncontested. Both sides must agree on all issues at hand. If this is not possible, the case will go to court.
Should I hire a lawyer for an Uncontested Divorce?
Even if you and your spouse have agreed on all aspects of your separation, it is still recommended that both parties seek counsel from an uncontested divorce attorney in California. Although the uncontested divorce process is in most cases not as complicated as that of a contested divorce, you must still ensure that all necessary paperwork is properly completed and filed. Any mishap or mistake could result in the outright dismissal of your case and the loss of your filing fee.
We don’t agree on everything – can we still pursue an Uncontested Divorce?
A majority of Americans want to pursue uncontested divorce because they don’t want their divorce proceedings to be drawn out over years or end up in court. However, no two people going through a divorce are going to see eye to eye on all issues. The point of uncontested divorce proceedings is to work these issues out so that the two can come to a mutual agreement. If you and your partner cannot agree to the terms of your divorce and one or both parties still wish to disagree with the terms, then the divorce is considered contested and will then have to be resolved in a California courtroom.
What if my spouse fails to sign the divorce papers?
In rare cases, an uncontested divorce may be finalized by way of default. If divorce papers are filed and your spouse fails to respond accordingly after they have been served, they would be “in default.” What this means is that, after the waiting period has expired, the spouse who has been served would forfeit the right to participate in the divorce proceedings. As a result, the petitioning spouse could move to have the uncontested divorce finalized because of default with the Kern County justice system.