Roseville Uncontested Divorce Attorney

What Is an Uncontested Divorce?

When a couple decides to divorce, they have two options: an uncontested divorce or a contested divorce. In an uncontested divorce, the couple agrees on all the terms of the divorce, including property division, child custody, and spousal support. In a contested divorce, the couple cannot agree on one or more of these terms, and the court must make the decisions for them.

Uncontested divorces are generally less expensive and less time-consuming than contested divorces. They are also less stressful and less emotionally draining. If you and your spouse can agree on the terms of your divorce, you can save time, money, and stress by filing for an uncontested divorce.

At The Law Office James-Phillip V.M. Anderson, we can help you file for an uncontested divorce in Roseville. Our Roseville uncontested divorce lawyer can guide you through the process and ensure that your rights and interests are protected every step of the way.

Call our office at (916) 282-7737 or contact us online to schedule a consultation with our team today.

How to File for Uncontested Divorce in California

Uncontested divorces are generally easier and less time-consuming than contested divorces. However, they still require you to complete a significant amount of paperwork and meet certain legal requirements. If you are considering filing for an uncontested divorce, you should consult with an experienced attorney to ensure that you meet all the necessary requirements and that your rights are protected.

Here are the steps to filing for an uncontested divorce in California:

Meet the residency requirements. To file for divorce in Roseville, you or your spouse must have lived in the state for at least six months. You must also have lived in the county where you plan to file for at least three months. If you do not meet these residency requirements, you cannot file for divorce in California.
Complete the necessary forms. To file for divorce in California, you must complete a Petition (Form FL-100) and a Summons (Form FL-110). You must also complete a number of other forms, including a Property Declaration (Form FL-160) and a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105/GC-120). You may also need to complete additional forms, depending on your situation. An experienced attorney can help you complete these forms and ensure that you meet all the necessary requirements.
File the forms with the court. Once you have completed the necessary forms, you must file them with the court. You must also pay a filing fee, unless you qualify for a fee waiver. If you cannot afford to pay the filing fee, you can ask the court to waive it. If you are unable to pay the fee, you should consult with an attorney to determine if you qualify for a fee waiver.
Serve your spouse with the divorce papers. After you have filed the necessary forms, you must serve your spouse with the divorce papers. You cannot serve the papers yourself; you must have someone else serve them for you. You can ask a friend, family member, or professional process server to serve the papers. You can also ask the sheriff’s department to serve the papers, but they will charge a fee. Once your spouse has been served, they will have 30 days to respond to the divorce papers. If they do not respond, the court will assume that they agree to the terms of the divorce.
Complete the financial disclosures. In California, both spouses must complete a financial disclosure form. This form lists all of your assets, debts, income, and expenses. You must complete this form and serve it on your spouse within 60 days of filing for divorce. Your spouse must also complete this form and serve it on you. If you and your spouse agree on the terms of your divorce, you can complete a Stipulation and Waiver of Final Declaration of Disclosure. This form allows you to waive the requirement to complete the financial disclosures. However, you should consult with an attorney before completing this form to ensure that it is in your best interest.
Prepare a marital settlement agreement. If you and your spouse agree on the terms of your divorce, you can prepare a marital settlement agreement. This agreement lists all of the terms of your divorce, including property division, child custody, and spousal support. You and your spouse must sign the agreement, and it must be notarized. You must also file the agreement with the court. If you and your spouse cannot agree on the terms of your divorce, you will have to go to court and ask a judge to make the decisions for you.

How Long Does an Uncontested Divorce Take in California?

Uncontested divorces are generally faster than contested divorces. In California, the minimum amount of time it takes to get a divorce is six months. This is known as the “cooling-off period.” The cooling-off period begins on the day you file for divorce and ends six months later. You cannot get a divorce until the cooling-off period has ended.

However, if you and your spouse agree on the terms of your divorce, you can get a divorce as soon as the cooling-off period has ended. You do not have to wait any longer than six months. If you and your spouse cannot agree on the terms of your divorce, you will have to go to court and ask a judge to make the decisions for you. This can significantly delay the divorce process.

At The Law Office James-Phillip V.M. Anderson, we understand that you want to get your divorce over with as quickly as possible. We will work diligently to ensure that your divorce is finalized as soon as possible. Our Roseville uncontested divorce attorney can help you file the necessary paperwork, serve your spouse with the divorce papers, and prepare a marital settlement agreement. We can also represent you at the hearing and ensure that your rights are protected.

What Are the Benefits of an Uncontested Divorce?

Here are some of the benefits of an uncontested divorce:

Less expensive: Uncontested divorces are generally less expensive than contested divorces. You do not have to pay for a lengthy trial or a series of court hearings. You also do not have to pay for a number of other costs, such as the cost of serving your spouse with the divorce papers and the cost of preparing a marital settlement agreement.
Less time-consuming: Uncontested divorces are generally faster than contested divorces. You do not have to wait for a trial date or attend a series of court hearings. You also do not have to wait for a judge to make the decisions for you. If you and your spouse agree on the terms of your divorce, you can get a divorce as soon as the cooling-off period has ended.
Less stressful: Uncontested divorces are generally less stressful than contested divorces. You do not have to go to court and ask a judge to make the decisions for you. You also do not have to go through a lengthy trial or a series of court hearings. If you and your spouse agree on the terms of your divorce, you can get a divorce as soon as the cooling-off period has ended.
Less emotionally draining: Uncontested divorces are generally less emotionally draining than contested divorces. You do not have to go to court and ask a judge to make the decisions for you. You also do not have to go through a lengthy trial or a series of court hearings. If you and your spouse agree on the terms of your divorce, you can get a divorce as soon as the cooling-off period has ended.

Call our office at (916) 282-7737 or contact us online to schedule a consultation with our team today.

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Frequently Asked Questions

Do I need a lawyer to get a divorce?

A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
Who gets the house in a divorce?

A:
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between spouses. Whether the family home ends up with a spouse or is sold depends on how the parties negotiate the settlement. No uniform rule exists on how any particular marital property should be distributed.
How is child custody decided?

A:
Child custody decisions are made exclusively based on what the courts deem is the child's best interest. This will depend on a range of factors unique to each couple, so there is no one-size-fits-all answer. But as an example, if it's already been agreed that one spouse will get the family home, a court might deem it in the child's best interest to live with that parent simply for the stability of staying in the same house.

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