An uncontested divorce means both spouses agree on all major issues, like property division, spousal support, child custody, and child support. A contested divorce means they don’t, and a court has to resolve what the spouses cannot. A San Diego contested divorce lawyer can help when both spouses have trouble coming to a resolution.
Uncontested Divorce in California
When spouses are able to agree on everything, the divorce process is significantly faster and less expensive. California allows couples to use a simplified summary dissolution process if they meet certain eligibility requirements, including a short marriage, no children, and limited shared assets. For those who don’t qualify for summary dissolution, a standard uncontested divorce still moves through the court system with far less stress and friction than a contested one.
Even in uncontested divorces, California’s mandatory six-month waiting period applies. No divorce in the state can be finalized before six months have passed from the date the other spouse was served with divorce papers, regardless of how smoothly the process goes.
What Still Needs to Be Decided
Even when spouses agree, a written settlement agreement needs to cover property and debt division, whether either spouse will receive spousal support, a parenting plan if children are involved, and a child support arrangement that meets California’s guidelines. A family law attorney can draft or review this agreement to make sure it follows state law and protects their client.
Benefits of an Uncontested Divorce
When spouses can reach a full agreement, the divorce process looks very different from one that ends up in front of a judge. The advantages are practical and significant:
- Cost: Contested divorces require substantially more attorney time, court appearances, and in many cases expert witnesses to value assets or weigh in on custody. An uncontested divorce keeps those expenses down considerably.
- Speed: California’s six-month waiting period applies regardless, but an uncontested case doesn’t have to worry about court schedules and backlogs. Once paperwork is filed and the waiting period passes, the court can finalize the divorce without a trial.
- Privacy: A contested divorce that goes to trial puts financial details, parenting disputes, and personal circumstances into the public court record. An uncontested divorce resolves everything through a private written agreement.
None of this means that an uncontested divorce is simple, but it’s the best path forward if possible.
Contested Divorce in California
A contested divorce begins the same way – one spouse files a petition – but breaks down when the parties cannot agree on one or more key issues. It doesn’t have to mean the entire case is in dispute. Some divorces are contested on a single issue, like the value of a business or a custody arrangement, while everything else is settled.
How a Contested Divorce Works
Contested divorces go through a discovery process where both sides exchange financial documents, and often involves mediation before the case reaches a judge. California courts generally require mediation for custody disputes before scheduling a trial. If mediation doesn’t resolve things, the case proceeds to a hearing or trial where a judge makes the final decision about anything that cannot be agreed to.
This process takes longer and costs more. A contested divorce in California can take anywhere from one to several years depending on the complexity of the issues and the court’s schedule.
If you have any questions about the divorce process or you need help with any of the steps, our divorce team is available to help. Call today at (619) 238-0616 to schedule your confidential consultation.