Uncontested divorce

If you are planning to file for divorce, the options are uncontested divorce, where you and your spouse make the decisions regarding the divorce issues, or a contested divorce, where you and your spouse go to court and request that a judge settles any matters in dispute. Usually, divorcing couples disagree on plenty – that’s one of the reasons why they’re divorcing. But in California, when both spouses agree to the terms of a divorce and simply wish for the court to approve those terms, it’s an “uncontested” divorce.

Due to its relative ease and typically lower cost, uncontested divorce, sometimes called “simple” divorce, is a smart alternative for many couples who are divorcing. In the state of California, if a divorcing couple can reach an agreement regarding matters like property division, visitation, and spousal support without a court order, that couple can avoid a great deal of unnecessary aggravation and expense.

We explain to every prospective divorce client the California divorce process, and we can help you initiate and complete an uncontested divorce to end your relationship. Zech Law cannot ensure it will be a completely “hassle-free” process, but we have abundant experience bringing uncontested California divorces to a conclusion with the least possible expense, red tape, and legal difficulty for our clients. In California, an uncontested divorce is called a “summary dissolution,” and not every divorcing couple will qualify. The requirements for an uncontested divorce under California law, listed here, are quite precise:

• One spouse must be a California resident for at least six months and a resident of the county where the petition is filed for at least three months
• There are no minor children and neither spouse is pregnant
• The reason for the dissolution must be “irreconcilable differences”
• Fewer than five years elapsed between the date of marriage and the date of separation
• Neither spouse owns any real property apart from a lease under one year
• Besides car notes, there are no outstanding debts over $6,000
• The marital assets are valued below $38,000, including deferred compensation and retirement, but not including cars, and neither party owns individual assets valued above $38,000
• A settlement agreement dividing all assets and debts must be signed by both spouses
• Financial documents must be signed to transfer any assets and debts according to the agreement
• Neither spouse seeks spousal support
• Each spouse has read and understands the summary dissolution information booklet published by the state of California

Both divorcing spouses are required to complete and exchange a number of documents verifying their property, income, and expenses. You’ll quickly learn even though it’s called an “uncontested” divorce, it can still be quite complicated in California, and Zech Law is your partner in navigating a successful outcome.

What does an uncontested divorce cost?

The first question many prospective clients ask is how much an uncontested divorce will cost, and what fees they will have to pay. Frankly, there are is no set cost of an uncontested divorce. The people who ultimately determine the final cost of a divorce are the two divorcing spouses themselves. Generally speaking, if the parties have a genuinely uncontested divorce, it’s reasonable to presume the divorce will cost less than a similar but contested divorce of marriage. However, every divorce is different, and the final cost of a divorce will depend on factors including but not limited to the nature and scope of both parties’ assets, whether children are involved, whether domestic violence is an issue, and the amount and division of community property and assets.