What Is an Uncontested Divorce?

San Diego Uncontested Divorce Lawyers Offer Advice

Traditionally, spouses use a family law attorney to work together toward a resolution through divorce mediation. An uncontested divorce happens if both parties agree on all aspects of the separation, or if one party does not engage in the process. By refusing to cooperate in the court process, the non-responding spouse is considered a “default party”. As a forfeiting party, your spouse takes the path of least resistance, leaving you to deal with the divorce process. If you have been abandoned by your significant other or have other questions about uncontested divorce, then an experienced divorce attorney can make all the difference.

Most people want to take part in decisions that will be made in the court process about their future. Unfortunately, not all marriages are examples of equality and fairness. If your spouse refuses to respond to your divorce filing, then our divorce lawyers Steven Gnau and Britney Malpiede can help. We can get you through the process quickly and efficiently. Our San Diego uncontested divorce lawyers have been helping families for a decade. We use our experience to draft a legally enforceable agreement, even when one of the parties has defaulted.

Can I File for Divorce If My Spouse Leaves?

If your spouse has suddenly left, then you should contact a divorce attorney as soon as possible. You may assume that it is unnecessary to hire legal counsel to finalize your divorce. However, what you may not realize is that you remain responsible for your spouse’s debts and obligations even though they have left. Time is of the essences in order to avoid the escalation of a bad situation. However, California’s divorce laws are complex. If your spouse picks up and leaves, then you can be left with quite a mess on your hands. Chances are that he or she will not respond to divorce filings or make any necessary court appearances. As a result, you may face unique challenges in protecting your best interests, have increased stress and feel overwhelmed.

You do not need to remain married just because your spouse does not want to be involved with divorce proceedings. However, you must take action. There may be difficulties with starting the divorce process if you are unable to serve your spouse with divorce papers. You deserve to have your assets, property, rights and best interests protected. Our lawyers can help you with all of the legal filings and court appearances that are necessary. We can get your divorce finalized and help you move on with your life.

Should I Get a Lawyer for an Uncontested Divorce?

An experienced divorce lawyer is highly recommended for any individual or couple who are ending their marriage. Our divorce attorneys can help you explore your options and identify what proceedings work for your best interests. An uncontested divorce may be the best option for couples that possess minimal assets and have no children. There will be no need to argue over a parenting plan, spousal support or other sticking points in divorce agreements. Referred to as “summary dissolution,” this process is limited only to couples that qualify under strict rules.

If you have no children together, born or adopted before or during the marriage, then you may pursue a summary dissolution. For this kind of uncontested divorce, couples must meet the legal criteria. Although subject to change, currently that criteria requires the coupe have been married for less than five years, from the date of marriage to the date of separation, do not own any real property, and have less than $40,000 worth of assets. You are excluded from summary dissolution if you rent land or buildings, unless you live there currently. Debts totaling over $6,000, exclusive of most car loans, acquired since the date you got married, can affect your proceedings. When these debts are listed as “community obligations,” you may be denied a summary dissolution. Finally, each spouse must agree that neither will get spousal support and sign an agreement that divides property, assets, and debts.

Spouse Refuse to Participate? Our San Diego Uncontested Divorce Lawyers Can Help

Concerned about the division of your assets? Worried about the cost of divorce proceedings and litigation? Do you have questions about your rights after being abandoned? Confused about California’s family law? You do not need to fear the divorce process. Our divorce lawyers can minimize conflict, reliably draft and file legal paperwork and reduce your risk. We have a record of success because we care about you and understand how difficult this time can be.

Our uncontested divorce lawyers Steven Gnau and Britney Malpiede can help you reduce stress and have peace of mind. We handle all forms of divorce and separation in California. While you may face unique challenges, we can find creative and reliable solutions. If you are concerned about cost, then we offer payment options and discount programs. Our attorneys can answer any question about your situation and work to swiftly resolve issues. Call our San Diego office at 619-269-8000 or contact us online.