Uncontested Divorce

Divorce litigation is often costly, time consuming and emotionally draining for all parties involved. Court fees, attorney fees, expert fees, and various other expenses all contribute to the overall cost of a California divorce case. The proceedings may span a period of months or years depending on the court’s calendar, the parties and the complexity of the issues. One of the most fiercely litigated topics is child custody and visitation. This intense litigation and tension between the parties can be traumatizing for the children involved. If you and your spouse would like to avoid the litigation process, California offers an alternative to such adversarial proceedings.

An uncontested divorce in San Diego is a process in which the parties agree to the terms of the marital settlement before the case is filed. Although some expenses are still involved in an uncontested divorce, the overall cost is substantially less than a litigated case. One major benefit that encourages parties to pursue an uncontested divorce is that neither will be required to appear in court. However, in order for this option to be viable both parties must be willing to cooperate and reach a global settlement agreement.

Learn more about the Divorce procedure in California
 

The parties must agree to all the settlement terms including: child custody and visitation, child and spousal support, attorney fees, property division and debt division. Once an agreement has been reached, paperwork must be properly filed to obtain an efficient divorce. However, the marital status of the parties will not terminate until six months from the date the non-filing party is served.

At the outset of your case we will meet with you to discuss your family’s needs and divorce-related matters. It is important to consider that uncontested divorces are not appropriate in all cases. In fact, if you have a large marital estate, complex legal issues, or an unreasonable spouse, an uncontested divorce will likely not work for you. Further, if there is a history of domestic violence in your marriage, an uncontested divorce is not for you.

What if you and your spouse cannot agree on all of the settlement terms? We will then provide you with further information in order to help you assess your other options. If the negotiation and mediation processes all fail, our team of experienced attorneys is prepared to litigate your case in court.

If you wish to schedule a consultation with Andrew J. Botros or Matthew S. Blado, call us at (858) 422-1377.