How An Uncontested Divorce Works in Los Angeles

If couples agree on all the key matters in a divorce and are prepared to sign a legally enforceable settlement agreement, it is known as an “uncontested” divorce.

No court appearance is required by spouses for such divorces in California—but, as a legal process, the divorce will need to be ratified by the court before it is considered final.

If matters like property division, spousal support, child custody or child support are disputed, the divorce is known as “contested”—and may require more court intervention to resolve.

Let’s consider how uncontested divorce works in California, as well as some of the differences between this simpler type of divorce and if matters are contested.

“Uncontested” means that no disagreements affect any matters involved in a divorce. In other words, spouses agree on the need to divorce, as well as all of the following aspects:

• Property division
• Spousal support
• Child custody and parenting time
• Child support

However, it’s not quite that simple in California. Couples may agree on some issues but leave others for the court to decide. This is not truly “uncontested” and should be considered “partially contested,” but sometimes people informally say “uncontested” if most issues are settled.

Additionally, spouses who have been married for less than five years may file jointly for an uncontested divorce via summary dissolution. This is a “fast-track” divorce where major decisions about the division of joint property, child custody or spousal support are unnecessary.

Filing for an uncontested divorce in California

For an uncontested divorce in California, either spouse files for divorce proceedings via a petition or they file jointly, stating that the divorce is uncontested.

If one spouse files and the other spouse does not respond, a default judgment will usually be entered, ending the divorce if all the legal terms have been met.

Benefits of an uncontested divorce

Uncontested divorces have several benefits for spouses:

• Quicker: usually completed in 6-9 months from filing.
• No court appearance necessary: everything can be handled by mail or by divorce lawyers.
• Cheaper than a contested divorce.
• Less stressful for spouses and children of the marriage.
• Parents can preserve their relationship and focus on co-parenting the children.

Any married couple in California can file for an uncontested divorce—but only if they agree on all outstanding matters.

For a divorce to be uncontested, it generally requires good communication, a spirit of fairness, and compromise between the spouses. In divorces, emotions such as anger and bitterness or the desire for revenge often get in the way and lead to disputes.

Uncontested matters can quickly become “contested” without the right guidance and support from family, friends, and legal professionals. Uncontested divorce is unsuitable in cases involving complexities such as hidden assets, domestic violence or child abuse.

For an uncontested divorce, one spouse must be a California resident for at least six months and a resident of the county where they intend to file for divorce for at least three months. They must proceed with divorce on the grounds of “irreconcilable differences”.

Spouses with short marriages can proceed with an uncontested divorce through summary dissolution but must meet some legal requirements to do so. These include the following:

• The marriage or registered domestic partnership must have lasted less than five years.
• No minor children are involved and neither spouse is pregnant.
• Neither spouse claims spousal support.
• Both spouses must sign a legally valid settlement agreement that divides all debts and assets.
• Both spouses must sign all documents relating to the transfer of assets and liabilities, as per the settlement agreement.
• The total value of the marital assets does not exceed $47,000, including retirement and deferred compensation, but not vehicles.
• Neither spouse owns separate assets worth more than $47,000.
• Neither spouse has real property.
• Neither spouse has unpaid debts exceeding $6,000, apart from car loans.
• Both spouses understand the provisions of the summary dissolution booklet.

Seeking independent legal advice is recommended in divorces, even if no outstanding or unresolved issues between spouses exist. The settlement agreement presented to the court must meet the family law requirements in California to be legally valid.

A qualified divorce attorney will help you address all of the major legal requirements under California law, cover all necessary matters, and prepare a comprehensive document that protects your legal rights and interests.

Child custody and uncontested divorce

Child custody and parenting time decisions pose a high risk to peaceful agreements between separating parents. Emotions often take over and disputes arise.

In an uncontested divorce, parents must agree on all custody and parenting matters in the child’s best interests. This generally involves regular and continuing contact with both parents, though the child may primarily live with one parent. Parents should also address how the major decisions in the child’s life will be made.

Child support and uncontested divorce

Child support is the right of the child in California and parents must calculate how much is due and decide how this is paid to the parent with whom the child primarily resides.

They must also decide who will pay for uninsured healthcare expenses, primary health insurance coverage, and non-childcare costs, such as private tuition or extracurricular activities.

The Child Support Guidelines set out in the California Family Code (§ 4050–4076) can help with this, as can a family or divorce lawyer and various child support calculators.

Spousal support and uncontested divorce

Spousal support can be paid by one spouse to the other in uncontested divorces. Spouses must first understand their respective outcomes and the provisions of California Family Code (§ 4320).

The laws are quite complex and, again, a divorce attorney can help you calculate the right amount of spousal support.

Property division and uncontested divorce

The divorce settlement agreement must also cover how community property is distributed between the couple after they separate. This can become complex because 401(k)s and retirement accounts must abide by federal and state law.

A qualified family lawyer can assist spouses with the financial disclosure process and negotiations so that the decisions are balanced and fair, according to the relevant property division laws.

Sometimes, if there are significant changes in income, health issues, relocation issues or other major changes in the lives of spouses, divorce agreements need to be amended.

Modifications may be made to child custody, child support or spousal maintenance if the applicant can demonstrate a significant change in circumstances. A family lawyer can assist with filing a motion to modify such matters after either an uncontested or contested divorce.

The family attorneys at The Sands Law Group APLC in Los Angeles can help with uncontested divorces. Contact us online or call 213-788-4412 today for a free case evaluation.