What Is an Uncontested Divorce?

By Henry F. Lewis on May 10, 2019

Filing for a divorceFiling for a divorce can be stressful. That’s why it’s so crucial to speak with skilled divorce lawyers who can help with disputes surrounding the end of a marriage. Oakland, CA attorneys Michael A. Gardner and Henry F. Lewis have helped countless clients with their divorce cases, making sure any concerns and disputes were resolved and mutual agreements could be negotiated as objectively as possible.

Though some divorces require long battles in court, others are quick and amicable. The latter tends to involve uncontested divorces, where there are no spousal disputed whatsoever. The lawyers of Gardner & Lewis, LLP would like to cover the basics and the benefits of uncontested divorce.

About Uncontested Divorces

An uncontested divorce means that you and your former spouse agree to having a divorce and have no disputes about various matters considered in divorce proceedings. In other words, the two spouses seeking to end their marriage already agree on arrangements regarding:

  • The division of property
  • The division of debts
  • Child custody and visitation
  • Child support payments
  • Alimony and spousal support payments

Uncontested divorces help keep the divorce proceedings streamlined, and with little if any court involvement.

Is an Uncontested Divorce the Same as No-Fault Divorce?

No, they mean two very different things.

A no-fault divorce means that neither spouse places blame on the other for a divorce occurring. In California, this is not an issue at all. All divorces in the state are no-fault divorces thanks to the Family Law Act of 1969.

The Benefits of Uncontested Divorces

The benefits of an uncontested divorce should be self-evident. When both couples are in agreement about the various aspects of a divorce, the proceeding goes by quickly, with no disputes, no legal fights, and with as little stress and emotional strain as possible. This is especially helpful when former spouses agree to joint custody arrangements and the co-parenting of their child or children.

The relative simplicity of uncontested divorces tend to translate into lower overall costs as well.

When Should Couples Consider an Uncontested Divorce?

If you and your former spouse have reached agreements about ending the marriage and do not have any disputes over property or child custody, an uncontested divorce is recommended.

By working with a family law attorney, you can be guided through the process, streamlining these uncontested divorce proceedings even further.

When Should I Be Wary of an Uncontested Divorce?

Couples who have complicated financial situations, co-own a business, and expect potential conflicts over the well-being of children should avoid uncontested divorces. The potential for disputes or disagreements in divorces necessitates more time to be spent creating fair circumstances and reaching compromises. Even if your spouse is lobbying for an uncontested divorce, any qualms you have need to be addressed and considered by a family law attorney.

In essence, if you sense that there needs to be some time to negotiate and determine divisions and custody in a divorce, you should avoid an uncontested divorce. Seek legal guidance from a family law attorney so you have a solid footing and ensure you have a strong seat at the negotiating table.

Learn More About Uncontested Divorces

To learn more about your options when seeking a divorce, be sure to contact our skilled team of divorce lawyers. The team at Gardner & Lewis, LLP is here to help you understand what’s at stake. You can reach our law office by phone at (510) 451-4822.

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Oakland Office

1939 Harrison St
Ste 210
Oakland, CA 94612

Open Today 9:00am - 5:00pm

More Info Directions (510) 451-4822