Uncontested Divorce Lawyer in California

While marriages start off happy, about half of them turn into bickering, fighting, and even hostile silence. When a married couple decides to call it quits, they must file for divorce.

Divorce has a very negative connotation for some; many spouses are blindsided when they are served divorce papers. In some cases, the ties that bonded the marriage have been dissolving for decades, leading to an eventual divorce filing. 

Every relationship is different, so every case Los Angeles attorneys for divorce take on is going to be different. 

Family court lawyers in Los Angeles will tell you that the California divorce courts really only have two grounds for which to file for divorce:

• Irreconcilable differences, which have caused the unfixable breakdown of the marriage
• Permanent legal incapacity to make decisions

By only having two legal reasons for filing for divorce, California makes a very complicated legal matter much simpler.

Those who are looking to simplify their divorce in Los Angeles even more may be interested to learn about uncontested divorce. Unlike divorces that follow adultery and domestic violence, an uncontested divorce in California allows both spouses a faster and cheaper path to divorce. This is often filed in cases where child custody and alimony do not come into play. In this kind of divorce, both parties agree to end your marriage or domestic partnership. 

What is Uncontested Divorce?

Also known as a summary dissolution, an uncontested divorce occurs when couples agree to the terms of the divorce and its terms. It is done by filing a joint petition, and it does not require a court petition to happen. You should make sure to communicate with your spouse the fact you are filing for a summary dissolution because their protestation will ruin your chances at getting one. 

A summary dissolution is not an option for every California couple since you have to meet certain requirements. The grounds for a summary dissolution are:

• One spouse must be a California resident for six months or more and the county where you are filing for divorce for at least three months 
• Irreconcilable differences must be the grounds for divorce 
• The couple must not have any minor children, and neither spouse is pregnant
• The couple is filing for divorce less than five years into the marriage 
• Neither spouse has any property or land other than a lease under one year
• There are no unpaid debts of more than $6,000, besides car costs
• The marital assets are worth less than a total of $45,000. This includes retirement funds, but not the value of either couple’s cars; neither party must also have separate assets worth more than $45,000.
• The spouses have previously signed a separation settlement agreement that divides all assets and debts
• The spouses have already signed all documents to transfer any assets and debts according to the settlement agreement
• Neither spouse is seeking alimony payments
• Each spouse must report that they have reviewed the official summary dissolution information booklet located on the Judicial Branch of California’s website

More About Irreconcilable Differences

An uncontested divorce can only be filed in cases where irreconcilable differences is cited as the reason for the divorce. Irreconcilable differences is defined as separation due to the marriage being irretrievably broken, meaning that there is no hope for working out the couple's differences. This reasoning has grown increasingly common since over 50 percent all divorce cases are due to irreconcilable differences.

This means that abuse and adultery will not be brought up in court. Some common issues that lead to divorce on the grounds of irreconcilable differences are:

• Disagreements on financial issues 
• Work has gotten in the way of the relationship
• Lack of sexual intimacy or sexual incompatibility
• Personality incompatibility
• Communication difficulties
• Differing political opinions

Do I Need a Lawyer to File for Uncontested Divorce?

You do not need to hire a divorce or property division attorney to file for an uncontested divorce.

While you can file for and complete an uncontested divorce by yourself without legal help in Los Angeles, many recommend that you consult a divorce attorney in Los Angeles to make sure you and your spouse meet the above requirements before pursuing this kind of divorce. Hiring an attorney is smart because they can also represent you in court in the event that your uncontested divorce filing is rejected.

Since a settlement agreement is required for a summary dissolution, you may also find having a divorce attorney familiar with settlements and mediation helpful. An attorney can ensure that the settlement agreement is solid and fair. They can also ensure that it contains everything the court requires. Your settlement agreement should contain: 

• How you are going to divide your share property and your shared debt
• Whether or not either party will need to pay the other spousal support
• What child support and custody and visitation orders you will need, if you have children together

The state of California provides an example settlement agreement on page 13 of the summary dissolution information booklet.

About the Law Offices of Nigel Burns 

The Law Offices of Nigel Burns is a law firm for family issues, like those surrounding marriage, divorce, and adoption. These are personal matters, so it’s natural to become emotionally invested in your civil lawsuit; our attorneys can handle the legal process to minimize any stress that you may feel. Our attorneys are experts in civil litigation, ensuring that your lawsuit brings you the most favorable results. Our attorneys can help litigate: 

• Restraining orders
• Divorce
• Child support
• Child custody
• Property division
• Trust and probate litigation  

Our attorneys can also help you pursue compensation if you were in an accident and need to sue for damages. If you suffered a car wreck, bike accident, or were hit by a car as a pedestrian, we can get your personal injury lawsuit started. Our offices are located across greater Los Angeles, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.