If you and your spouse agree to divorce and agree with the division of assets, child support and custody, and spousal support, you can file an uncontested divorce. You do not have to plead any reason for divorce other than irreconcilable differences. However, California does have some rules about receiving a dissolution of marriage once you file. We will discuss what you need to know about uncontested divorces.Â
If you are considering divorcing, whether the divorce is contested or uncontested, contact an Arcadia divorce attorney for a consultation.
Stipulated Judgment
If you want an uncontested divorce, you must file a stipulated judgment, a marital settlement agreement, among other documents. Although you and your spouse might get along now, things could change. Thus, it is always better to have a stipulated judgment drafted by an attorney to ensure that it is acceptable by the court and contains consequences should one of you break the agreement.
For example, if your spouse stops paying child support or does not allow you to see your children, a well-drafted stipulated judgment ensures that you can bring an action against your spouse for breaking the agreement.
The stipulated judgment tells the court whether you have the right to bring an action against your spouse. It also ensures that the court knows precisely what you agreed to and whether your spouse or domestic partner could be in contempt for not complying with the judgment.
Waiting Period
California has a waiting period for getting a divorce. Once you file the documents for divorce, you must wait for six months for the court to enter the final judgment. Do not wait to file if you are ready to get divorced now, and the final hearing is six months from the date you file your documents. It doesn’t matter who you are, whether you are famous or not. No one can get divorced in California without waiting for six months.
California also has residency requirements. You must have lived in the state for at least six months to obtain a divorce. Additionally, you must have lived in the county where you are filing the divorce for at least three months.
If you and your spouse have been separated for more than three months and live in different counties, you can file in either county.
Contact an Arcadia Divorce Attorney
California does allow you to file your divorce. However, if you do not touch on everything, you could find yourself on the short end of the stick after the court finalizes the divorce. A stipulated judgment is a complicated document that ensures that the other spouse doesn’t violate your rights.
If you are ready to file for divorce, contact an Arcadia divorce lawyer for a consultation.
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