FAX: (714) 917-4860, Copyright © 2016 Irwin & Irwin, LLP. Some divorce litigants may believe that because they already have agreed to the basic provisions of the divorce, hiring an attorney is unnecessary. This is often a faster and less expensive option and can be beneficial for the right parties. What is the Role of the Divorce Mediator? Below we will discuss how uncontested divorce works in California and how the right attorney can help. Negotiating an Uncontested Divorce. By Melissa Heinig. While it is not technically the same as the summary dissolution process, it still eliminates time and expense from the divorce process to file uncontested. Typically, a couple will choose an uncontested divorce when there are relatively few martial assets, liabilities, no children, and the term of the marriage is less than five years. Does it Matter if Your Spouse Could be Earning More? (Consultations) Even if you qualify for an uncontested divorce, it is still important to have an experienced California divorce lawyer on your side. When Can You Modify Spousal Support in California? This simply means that you and your spouse agree to get divorced and agree on how to resolve all issues, including: You can submit your settlement agreement to the court, which can approve it if it is in line with the law. Not only might this lead the court to reject the summary dissolution agreement, but if the court does approve it, you could end up with much less than you deserve. You also want an attorney to review your settlement agreement to make sure that: All too often, people are unfamiliar with their rights under California divorce law. Allow a divorce lawyer to protect your rights and financial future. If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce without the help of a lawyer. However, that is not always the case, and couples with children, pets, and substantial martial property can still divorce using the uncontested process. This How-To Brief outlines the steps to take to obtain a divorce when the matter is undisputed or not defended. Hiring a lawyer from the start gives the attorney full knowledge of what has occurred and allows him or her to immediately begin preparing for a contested divorce proceeding with the other side. In cases of uncontested divorces, you may be able to handle the case with no help from a lawyer. Domestic Violence and Child Custody in California. Two categories of divorce cases in California are contested and uncontested. Contacting us does not create an attorney-client relationship. Many people want to keep lawyers out of their divorce for lots of reasons – money, time, or fear that the lawyers will turn an uncontested divorce into a fight. Finally, hiring a lawyer for an uncontested divorce is recommended because there is always the chance that an uncontested divorce turns into a contested divorce. Here are 5 situations when you should hire a divorce lawyer: Your spouse has hired a divorce lawyer; There’s an issue with abuse A lawyer can help you deal with the legal issues surrounding your divorce, issues you might miss if you tried a do-it-yourself divorce. If you're contemplating divorce, you may be overwhelmed with the amount of information available to you on the internet. However, it is always the best option to at least have a lawyer go through your agreement to make sure your rights are protected. You can get a divorce without appearing in court. Even in cases where only one party wants the divorce, it is still possible to go through the divorce process without costly divorce attorneys if both parties can agree to all divorce-related issues, such as the division of property, and custody and visitation if minor children are involved.

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