What Is An Uncontested Divorce in San Diego

An uncontested divorce, whenever possible, is often the most appealing type of divorce, instead of going through a long, complicated divorce. Couples hire lawyers to manage their divorces because an uncontested can quickly become contested when a disagreement arises from an issue both parties previously agreed upon or hadn’t discussed and a conflict arises. A common disagreement is when children are involved causing the divorcing spouses to make custody and child support plans that either party changes their mind on. If there are significant shared assets, there must also be a resolution that both spouses can agree upon. Fortunately, with an uncontested divorce, the process of separating is quick and easy when all of these issues are agreed upon in advance. At Smith Family Law, we are experienced at handling uncontested divorces in the fastest and most affordable way so you can move on with your lives!

The Process for Filing for Divorce in San Diego

San Diego follows the same basic divorce process as the rest of California. However, there are specific aspects to San Diego County, which is why it is smart to consult a qualified San Diego divorce lawyer when considering a divorce.

Every divorce has unique facts, circumstances, and will require different lengths of time and skills to finalize. The divorce process can take only a few months if the divorce is uncontested versus contested divorces that could take years and usually become very expensive for both parties.

The benefit of working with Smith Family Law is we will walk you through the entire process and handle everything including filing the divorce petition or responding to a divorce petition, negotiating a divorce settlement, and communicating with you regularly until your divorce is final. Most importantly our lawyers will ensure you don’t make costly mistakes by trying to manage an uncontested divorce on your own.

What Makes a Divorce Uncontested in San Diego, CA

Luckily for our clients, California is fairly accommodating when it comes to divorce cases. The law does not require both spouses to agree and allows for either spouse to initiate ending their marriage and the other spouse cannot prevent a divorce from moving forward even if they refuse to participate.

People often assume that uncontested divorces mean both spouses equally agree to end their marriage. However, in order for a divorce to be uncontested, the spouses must agree on all divorce-related issues, including the division of property, spousal support, and all child custody, visitation, and support matters. Working with an experienced divorce lawyer like Stephen Smith ensures that an uncontested divorce is handled properly. If everything in the current marriage hasn’t been agreed upon by both parties, the divorce will then be considered contested and a hearing is often required to settle the disputes.

Why You Should Hire a Lawyer Even When The Divorce is Uncontested

Uncontested divorces are the least complicated of the two main divorce options in San Diego, but we never recommend couples try to do this on their own to save a little money. Even simple uncontested divorces can have a long process, become stressful and confusing, especially if you and your spouse have children, significant assets or debts, or valuable property that isn’t easy to divide. A divorce is a life-changing event and the more you know about the divorce process and how it will affect you, the better prepared you can be. If you are thinking about filing for divorce or if your spouse has already filed a divorce petition in San Diego, at least schedule a free consultation with Stephen Smith to go over your options. The expense of an Uncontested Divorce sometimes makes couples hesitant, but not having a lawyer handle a divorce usually costs couples more money when mistakes are made.

Although California law says that you can represent yourself in an uncontested divorce, everyone should at least consult with a divorce attorney. It’s often hard for a couple to think objectively about their divorce and not become emotional. This is how amicable uncontested divorces can become a contested divorce very quickly. Filing the initial divorce forms is the easy part and just the start of the divorce process. Often litigation is needed to solve a few issues that aren’t mutually agreed upon. Litigation will resolve disputes regarding spousal support, child custody, property division, or other sensitive matters relating to your divorce. Scheduling a free consultation with one of our divorce attorneys will help you make the right decision for your situation.

About Stephen Smith & Scheduling a Free Divorce Consultation

For more than a decade, Stephen V. Smith has exclusively served as a powerful advocate for his clients, guiding both men and women through difficult divorces. He is an expert divorce lawyer, not only from advocating for our clients every day for over 10 years but also because he himself has been divorced. Attorney Smith represented himself in his own divorce and contentious custody battle before he became an attorney more than 12 years ago. It was during this difficult time that Stephen realized what a dramatic impact a good divorce attorney can have on people’s lives, particularly children’s lives. His passion for family law was born and he wants to prevent anyone he can from making mistakes that prevent them from moving on and being happy.

Schedule Your Free Consultation Today: 619-480-2203. We are open Monday through Friday 9-5 pm. If we are closed or it’s the weekend, you can email us at info@smithfamilylaw.com or use our live chat to schedule an appointment with Stephen. 

 

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