Does divorce need to go to court? Technically no. However, you do have to take several steps, including filing the appropriate paperwork with the court. And, of course, you have to have a settlement agreement that you and your spouse sign. A divorce that does not have to go to court can be done quickly instead of a contested divorce where the parties do not agree on one or more items.
Steps for an Uncontested Divorce
If you and your spouse agree on everything, you must still go through California’s divorce process. You must:
- Sign the Appearance, Stipulations, and Waivers form.
- Finish the Declaration for Default or Uncontested Dissolution or Legal Separation form.
- Complete the Judgment.
- Make the Notice of entry of Judgment.
- Attach the notarized settlement agreement to the Judgment.
Financial Disclosure
You must also complete the Declaration Regarding Service of Declaration of Disclosure or, if you and your spouse agree to waive it, the Stipulation and Waiver of Final Declaration of Disclosure. We do not recommend waiving the Final Declaration of Disclosure as your spouse could be hiding assets. The forms document the assets, and if you were to find out later that your spouse hid a significant amount from you, you could come back later to get your fair share.
Child and Spousal Support
If you have children, you need to complete the custody and child support forms that pertain to your situation. California provides specific rules to determine child support. Creating a fair time-sharing schedule in the best interests of your children is also an essential part of a divorce. A divorce attorney will ensure that the child support and time-sharing are fair to both parties and in the children’s best interests. Additionally, if you agree to spousal support, the attorney will ensure that what you want to agree to is fair to both parties.
Additional Forms and Division of Property
The court has other documents that pertain to spousal support and division of community property that you might need to complete. Additionally, some local jurisdictions require additional forms.
If everything is done correctly, the court will issue a final judgment without you or your spouse having to appear in court.
Using an Attorney
While an individual can do these forms to complete and file, it is better to use an attorney. If you make a mistake and the court accepts your documents, it is a mistake that will affect you for the rest of your life. Child support and custody, spousal support, and division of property are often challenging to get correct.
An Arcadia divorce lawyer will also help you draft a settlement agreement that will hold up in court should you and your spouse have a future disagreement over something in the contract.
Contact an Arcadia divorce attorney for a free consultation if you plan to divorce or if your spouse served you with divorce papers.
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