Irvine Uncontested Divorce Attorney 

Divorce does not always have to be messy and bitter. In ideal divorce situations, the spouses are able to come to an agreement as to the terms of the divorce (i.e., property division, spousal support, child visitation, etc.) with minimal acrimony or court intervention. These types of divorces are known as uncontested divorces, meaning, essentially, that the spouses resolve the issues on their own. Despite an apparent lack of conflict, however, there’s no denying that an Irvine uncontested divorce attorney can help make the process less complicated and is useful should the tide turn. 

Uncontested vs. No Fault Divorce

As a threshold matter, it is important to note that uncontested divorces and no fault divorces are not the same thing. A no fault divorce simply means that the spouse who files for divorce does not have to prove that the other spouse did anything wrong, but merely that the couple cannot get along anymore due to “irreconcilable differences.” In California, all divorces are no fault divorces by default. An uncontested divorce means that the spouses reach a resolution on the terms of the divorce on their own. This is in contrast to a contested divorce, where the spouses are unable to reach an agreement on their own, which often requires a divorce trial.

How Uncontested Divorces Work in California

Uncontested divorces begin the same way as all divorces begin — one spouse files a petition for divorce, which is then served upon the other spouse. The spouse who is served then has 30 days to respond to the petition. The divorce becomes uncontested when the respondent accepts the petitioner’s request or does not respond to it at all (which allows the petitioner to obtain a default judgment). Alternatively, the respondent may file a response indicating that the parties have reached an agreement (known as a stipulated agreement) on the following matters: 

1. Property and debt division
2. Spousal support
3. Child support and child custody (subject to certain legal requirements)

Either the petitioner or the respondent will file this stipulated agreement (along with any other necessary forms) with the court, which will then review it and issue a judgment. 

What About Summary Dissolution? 

In California, the quickest and easiest way to get divorced is through a summary dissolution. However, summary dissolutions are not available to all couples. Specifically, couples requesting a summary dissolution must meet all of the following requirements: 

• They have been married for less than five years
• They have no children together born or adopted during the marriage
• They do not own any part of land or buildings
• They do not rent any land or buildings (other than where they live)
• They do not owe more than $6,000 in debts acquired since the date of marriage
• They have less than $45,000 worth of community property
• They do not have separate property worth more than $45,000
• They agree that neither spouse will ever get spousal support 
• They have signed an agreement that divides the property and debts

Due to the very strict requirements for summary dissolution, most couples in California must obtain divorces the traditional way. 

Contact an Irvine Uncontested Divorce Attorney

For most couples, an uncontested divorce is the quickest, easiest, and least expensive way to get divorced, and is one that the law encourages. For more information about uncontested divorces, including whether an uncontested divorce is right for you, please contact an Irvine uncontested divorce attorney at Seastrom Tuttle Murphy Dockstader by using our online form or calling us at 949-474-0800.

Common Questions About Uncontested Divorce in Orange County

What makes a divorce uncontested?

Agreement on every issue the judgment must resolve: how property and debt are divided, whether and how much support is paid, and, where there are children, custody and the parenting schedule. Uncontested does not mean simple or amicable in every respect; it means the terms are settled. A case can start contested and become uncontested once the financial picture is clear, which is the ordinary path in cases with a business or complex assets. It can also start uncontested and become contested if one spouse learns something during disclosure.

Does an uncontested divorce still require financial disclosure?

Yes, and this is where do-it-yourself filings most often go wrong. Both spouses must serve a preliminary declaration of disclosure, and a final declaration before judgment unless it is properly waived, listing all assets and debts along with income and expense information. The requirement applies no matter how complete the agreement is or how well the spouses trust each other. A judgment entered without proper disclosure is vulnerable to being set aside later, which turns a finished divorce back into a live case years afterward.

How long does an uncontested divorce take and how much does it cost?

No California divorce can be final sooner than six months after the responding spouse is served or appears, so an uncontested case is generally finished shortly after that if the paperwork moves promptly. Cost is driven by the complexity of the assets rather than by the level of conflict, because the drafting still has to be right. A case with a house, retirement accounts, and a settlement agreement costs meaningfully less than a contested one, but a case with a business or equity compensation still requires real work even when both spouses agree.

Is an attorney necessary if both spouses already agree?

Not required, but the agreement is only as good as the document that records it. The recurring problems in self-prepared judgments are omitted assets, retirement accounts divided without the separate order the plan requires, no allocation of tax consequences or of the basis differences between assets, support terms that are ambiguous about modification, and no mechanism for enforcement. Those defects surface years later, when they are considerably harder and more expensive to correct than they would have been to draft properly. A single attorney also cannot represent both spouses, so each should have their own review.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss an uncontested divorce with the firm.