San Jose Uncontested Divorce Attorney
When you think of divorce, you may think of a nasty court battle. While many divorces are mean and acrimonious, not all are. Some are amicable, with the spouses agreeing on all the important elements. This is called an uncontested divorce.
An uncontested divorce has lots of benefits, including less stress. It’s also cheaper, quicker, and more convenient. If you are ready to end your marriage and are interested in one, contact an experienced San Jose uncontested divorce attorney from Foster Hsu, LLP today to learn more.
How to Get an Uncontested Divorce
There are two ways to get an uncontested divorce in California: a summary dissolution or a standard dissolution.
A summary dissolution is faster. It is a more simplified process but to qualify for it, you need to meet the following conditions:
- You do not have any minor children together.
- Neither spouse is pregnant.
- Your marriage has lasted for less than five years.
- Neither spouse owns any real estate.
- Total community debts, excluding auto loans, are under $6,000.
- Total community property, excluding vehicles, is under $47,000.
- Neither spouse has separate property exceeding $47,000.
- Neither spouse requests alimony.
- You and your spouse have decided on how to divide your property and have a written agreement.
If you don’t qualify for a summary dissolution, you can still go for an uncontested divorce. You would go through the standard dissolution process and there would be more forms required.
Key Elements of Uncontested Divorce
An uncontested divorce is a little different than a standard divorce. Here are some key points to consider:
- Mutual agreement. There is no fighting because both spouses must agree on major issues such as child custody and visitation, division of assets and debts, spousal support, and any other relevant matters related to the divorce.
- Simplified process. Uncontested divorces typically proceed much faster and are less expensive than contested divorces because they avoid lengthy court battles.
- Minimal court involvement. In many cases, an uncontested divorce can be completed with minimal court appearances or sometimes even without appearing in court at all.
- Both parties need to complete and sign legal documents, which typically include a marital settlement agreement and a divorce petition or complaint. They outline the terms of the divorce.
- No-fault divorce. Uncontested divorces are typically no-fault divorces, meaning that neither party needs to prove fault or wrongdoing by the other. Instead, irreconcilable differences is often cited as the reason for the divorce.
- The terms of the uncontested divorce settlement are legally binding once approved by the court. Failure to comply with the terms can result in enforcement actions.
- Once all necessary paperwork is filed and the court approves the agreement, a judge will issue a final divorce decree, officially ending the marriage.
Contact Foster Hsu, LLP Today
Even in an uncontested divorce, you may have questions or concerns about the process as well as your future. This is when it is wise to have experienced legal help on your side. Foster Hsu, LLP can assist you with all your family law needs. Contact a San Jose uncontested divorce attorney today by calling 408-841-7200 or filling out the online form.
