Uncontested Divorce Lawyer in Fresno, CA
Professional Assistance for Your Uncontested Divorce
If you and your spouse can agree on the issues, uncontested divorce can
save you money, time and stress, and you can complete your divorce without
ever being forced to go to court. You must, however still follow specific
legal procedures, and it is important to have a knowledgeable Fresno divorce
lawyer review your agreement to avoid any potential problems in the future.
At Arnold Law Group, APC, we have helped many clients achieve favorable
resolutions in
divorce and
family law matters, including in family courts across Madera, Tulare, and Kings counties.
Is uncontested divorce an option for you?
Schedule a case evaluation to discuss your options with our Fresno divorce attorney!
Why Work with Arnold Law Group?
Our Fresno divorce lawyers have
more than 30 years of combined legal experience safeguarding the rights of our clients. We are a group of smart, dedicated
and talented family law attorneys who work together as a team on the cases
we accept, producing the best possible results for our clients. During
our initial meeting, we can gather information to develop a personalized
strategy for each particular case, including an uncontested divorce.
We have thousands of clients with a high rate of satisfaction, many of
whom chose this less costly option for marriage dissolution. Our firm
does not make empty claims. We act on our words and can provide you with
the high-quality representation you need in an uncontested divorce.
When you work with our firm, you will find us to be caring and assertive
attorneys and highly professional in getting an uncontested divorce case
resolved. This will allow you to move forward with your new life more
quickly and efficiently.
Further Reading:
Contested Vs. Uncontested Divorce: Pros & Cons
Coming to an Agreement on All Terms of Your Divorce
A divorce is uncontested when you and your spouse are in agreement on all
terms. It is possible to start out with a contested divorce and then switch
to an uncontested divorce when you and your spouse are able to reach an
agreement through mediation or negotiation. If court dates have already
been scheduled, you should be able to cancel them when the negotiations
are complete and the divorce can be concluded with the more simple process
of an uncontested divorce.
The various issues that may need to be agreed upon between the spouses
in an uncontested divorce include:
Whether your divorce is contested or uncontested, you still have to follow
the same legal process under state law. This is required because marriage
is a legally binding agreement that must be dissolved through legal channels.
Although you and your spouse may have agreed to the dissolution of your
marriage and the terms of the dissolution in writing, you are still married,
still financially responsible for each other, and still unable to remarry,
until the marriage is officially ended.
How Do I File for an Uncontested Divorce in California?
In a divorce, the party that files to dissolve their marriage with the
court is called the "petitioner," while the other party is the
"respondent."
To file for an uncontested divorce, the petitioner must file various forms
with their local family law court:
- Form FL-100. This form states the petitioner's intention to dissolve
their marriage and includes basic information, such as where the parties
were married, when, and the reason for the divorce.
- Form FL-110. This form summons the respondent to answer the petitioner's
divorce petition. It also restricts actions the respondent can take, such
as preventing them from moving out of state with any children they share
with the petitioner.
- Form FL-160. This form states how the petitioner wishes to distribute their
property with the respondent. California is a community property state,
meaning that both parties own marital assets - property acquired during
their marriage - equally.
Additionally, if the petitioner and respondent share children under the
age of 18 or who are dependents, they must fill out:
- Form FL-105/GC-120. These forms indicate the petitioner's acknowledgment
of and adherence to the Uniform Child Custody Jurisdiction and Enforcement Act.
- Form FL-311. This form allows the petitioner to propose a parenting plan
to the court dictating a child custody and timeshare arrangement the parents
will engage in post-divorce.
The petitioner must make at least two copies of each form, after which
they can file one set of copies with the court clerk.
After filing for divorce, the petitioner is responsible for serving the
respondent with the divorce petition. A third-party individual over the
age of 18, such as a friend, relative, sheriff, or process server, must
serve the respondent.
After the respondent receives the petition, they have 30 days to fill out
and file a response with the court. In a default or uncontested divorce,
the respondent can waive their right to respond, or abstain from responding.
This enables the court to move forward with the petition and finalize
the divorce without conflict under the assumption the respondent agrees
to the terms of the divorce established by the petitioner.
If the respondent disagrees with the terms proposed by the petitioner and
chooses to file a divorce proposing alternative terms, the divorce will
be contested, but it can still transition into an uncontested divorce
if the parties reach an agreement later on.
As we wrote earlier, to file for an uncontested divorce, the parties must
agree on terms for the divorce. Typically, when a couple wants to file
for an uncontested divorce, they draft an agreement containing the terms
of their divorce before the petitioner files for divorce with the court.
To finalize the agreement, both parties must sign it.
This way, the petitioner's original petition can include terms that
both parties have agreed are fair and appropriate for their divorce; and
the court can quickly finalize the divorce when the respondent chooses
not to file a response or to waive their right to respond since they already
have an agreement established with the petitioner.
If your spouse acts as the petitioner in your divorce case and files for
divorce with the court, go over the petition they serve you with to ensure
it follows the terms of the agreement you signed. Having a lawyer at your
side as you draft an agreement with your spouse and choose whether to
respond to the divorce petition is advised.
Should I Consider Mediating My Divorce?
Filing for an uncontested divorce has many benefits:
-
It saves money. Divorces are notoriously expensive. Filing for a contested divorce streamlines
the process by shortening how much time your case spends in the court
and how difficult it is to finalize your divorce.
-
It saves time. A contested divorce can easily take more than a year to finalize, particularly
if the parties disagree with one another on details such as how to share
custody or distribute property. Uncontested divorces often take significantly
less time to resolve.
-
It reduces stress. Disagreements with spouses are often a major source of stress for divorcees.
Reaching an agreement with your spouse and filing for an uncontested divorce
can help you achieve a result you're happy with and focus more on
life post-divorce.
However, not everyone can agree on terms for an uncontested divorce easily.
Using a method of alternative dispute resolution (ADR) can help you negotiate
fair terms for the dissolution of your marriage and ultimately file for
an uncontested divorce. People commonly use two kinds of ADR to resolve
their differences: Mediation and collaborative law. Both of these processes
happen outside the courtroom and help parties draft an agreement for their
uncontested divorce.
In mediation, the parties meet with a mediator who acts as a neutral third
party. The parties may meet just once, but some mediations take several
meetings to resolve. The mediator acts as a liaison between the parties,
but cannot give them legal advice - you need to hire a mediation attorney
to receive counsel during mediation.
In collaborative law, each party chooses an attorney. There is no mediator.
The parties and their attorneys then hold a series of meetings to discuss
elements of the divorce, such as property division, child custody, alimony, etc.
Whether you use collaborative law or mediation to resolve your divorce,
the end goal is the same: To negotiate terms with the other party that
lead to the drafting and signing of a divorce agreement.
If you know from the outset that you want an uncontested divorce, you may
choose to engage in mediation or utilize collaborative law before filing
for divorce. However, many courts and attorneys will suggest ADR to couples
that initially file for a contested divorce.
If you can't fully resolve your differences using ADR, you will still
need to file for a contested divorce.
Getting the Help You Need from Arnold Law Group
The process of divorce can be complicated and involves numerous forms and
filings, as well as other documentation, based upon your individual situation.
Our seasoned Fresno divorce attorneys can guide you through the process,
protect your interests, and help you pursue a favorable resolution to
all issues in an uncontested divorce.
Contact the firm
for high quality professional assistance in an uncontested divorce.