What Exactly Does an Uncontested Divorce Mean in San Diego in 2013?

In San Diego, most spouses who are divorcing would prefer an uncontested divorce with no hearings to spending thousands of dollars on legal fees and having their lives ruined and having a Judge tell them what the custody and visitation schedule is as well as how much to pay and how their property will be divided. There are two procedures for a divorce in San Diego to be considered “uncontested” per the Judicial Branch of California on their website: www.courts.ca.gov

The first type of uncontested divorce is where no reply is filed and a “true default” is taken and the other party does not respond or participate in any manner. The second type of uncontested divorce is one where both spouses agree that their marriage has to be terminated and are able to arrive at an agreement which is mutually satisfactory and then complete the mandatory requirements for a default with an agreement. This can be by a summary dissolution or non summary dissolution.

Each County has different forms and procedures and it is important to make sure you are using the San Diego County Forms and following the San Diego Superior Court Local Rules in the processing of your uncontested divorce. In an uncontested agreement both spouses agree fully on issues such as division of property, spousal support, child custody and child support, and all other finance-related issues. Generally uncontested divorces are resorted to by couples who want to remain on amicable terms.

An uncontested divorce does away with the need for court hearings if an agreement is reached before any hearings are set. However, if children are involved it’s a prudent idea to seek the advice of a divorce attorney before legal documents are signed in closure as you may not know what the options are. If child support is involved, a Judge will have to approve and sign the child support order using the Disso Master for guideline child support unless both spouses agree to a different amount. Both parties might have to be present at the time to confirm the amount of child support and ensure this meets the state’s laws on child support and custody.

An uncontested divorce is normally far simpler and cheaper than a contested divorce and there are statistics which indicate that spouses of an uncontested divorce cooperate better in parenting and are prone to less conflict after the divorce. You can, in fact, process an uncontested divorce without the need for an attorney but a divorce lawyer will be able to confirm and explain to you what the law says in this situation.

To file divorce in San Diego you must fulfill certain requirements:

• The spouse who files for divorce should have resided for a certain minimum period in the state and county which is six months in California and three months in San Diego.
• San Diego has a waiting period which is the time between filing to finalization of divorce for termination of legal status. The statutory waiting period In San Diego is 6 months. The divorce can be finalized any time before or after this waiting period is over for issues such as division of debt, division of asset, spousal support, child support and the parenting plan.
• San Diego recognizes two grounds for divorce – irreconcilable differences and incurable insanity. Irreconcilable differences refer to marital differences beyond resolution which have led to a complete breakdown of the marriage and may be trivial or of consequence..
• A divorce action must be filed in the proper court which generally is in the county where either spouse has resided in the three months preceding filing in San Diego County.

In any divorce there are several major issues involved which include the below:

• Division of marital property
• Division of debt
• Custody of children
• Payment of spousal and child support
• All issues have to be addressed even in an uncontested divorce.

Doppelt and Forney, APLC is a family law firm in San Diego. It represents clients in all issues related to divorce including division of assets, spousal support, child custody, visitation rights, and others. For an insight into your divorce matter you could schedule a free in-person or virtual consultation.