Pursuing an uncontested divorce in Tustin can appear to be a hassle-free way to end your marriage while avoiding the perceived drawbacks of the traditional divorce process. You might feel that if you and your spouse have no children, few assets, or agree on all issues, there is no need to incur the expenses of a contested divorce.
One of the expenses that divorcing couples seek to avoid by filing for an uncontested divorce in Tustin is attorney fees. Their reasoning goes something like this: “Because we agree on all the terms of the divorce, there’s no need for either of us to involve a lawyer.”
This belief, however understandable, can prove costly.
What Is an Uncontested Divorce in Tustin?
If you are like most people, you hear the word “divorce,” and you immediately picture two spouses seated at different tables in a courtroom, each represented by their own attorney. You might also imagine heated verbal exchanges, raw emotions, and expensive legal bills. Uncontested divorces claim to avoid these issues.
Legally, you and your spouse can file for an uncontested divorce in Tustin if all of the following conditions are met:
- You meet the residency requirements to file for divorce in Orange County.
- You and your spouse agree on how all relevant issues should be decided.
- You complete and submit the necessary forms to the court.
- You prepare and submit a settlement agreement to the court that memorializes your agreement.
Six months after you and your spouse meet the above-listed conditions, the court can finalize your divorce. An uncontested divorce and the agreement you reach with your spouse have the same legal effect as court orders issued as part of a traditional divorce proceeding.
You Need an Attorney, Even if You Do Not “Need” a Lawyer
California law does not require either party to retain a lawyer before filing an uncontested divorce. In fact, one of the perceived benefits of pursuing an uncontested divorce in Tustin is avoiding attorneys’ fees by “doing it yourself.”
Nonetheless, having our California divorce lawyers help you through your uncontested divorce is still advisable for several reasons:
1. Our Attorneys Will Verify Your Eligibility
You may have completed all forms correctly and have an ironclad settlement agreement. Even so, the courts will not grant your uncontested divorce if you do not meet the basic eligibility requirements for filing for divorce. Instead, your divorce petition will be rejected, and you will need to restart the process once these conditions are satisfied.
These eligibility requirements include that either you or your spouse be a resident of California for at least six months and of Orange County for three months before filing for divorce. Having one of our attorneys review whether you meet this simple but essential requirement can be invaluable, especially if your case has special circumstances.
2. Do You and Your Spouse Truly Agree on Everything?
Second, when the law says you and your spouse must agree on all divorce-related issues to pursue an uncontested divorce, it means what it says. Specifically, you and your spouse must agree on what is community property and how to divide it, as well as child support, visitation, and spousal support.
One of our lawyers can dig into these issues as they pertain to your specific situation and ensure your spouse’s understanding of the agreement matches yours. More importantly, our attorneys will ensure that the settlement agreement you draft and submit to the court accurately memorializes the agreement you reached.
3. Completing Forms Can Be a Chore
Filing for an uncontested divorce in Tustin will necessitate completing a Petition for Dissolution of Marriage and a Summons, both of which are standardized forms. Even though these forms are meant to be accessible and easy for the average person, they can be quite difficult for some to complete.
Submitting incorrect or incomplete forms will only delay the resolution of your case, as the court is not permitted to correct forms that you submit to it. Instead, it will send the forms back to you, and you will need to fix them, refile them, and wait six months from the date you refiled your corrected paperwork before the court finalizes your divorce.
4. Your Agreement May Not Be in Your Best Interests
What property is considered community property and how you divide it can impact your financial stability post-divorce. Similarly, custody arrangements will have an ongoing effect on your relationship with your child. Last, agreeing to child support or spousal support can create a financial shackle that keeps you bound for years.
With one of our Tustin divorce attorneys representing you, we will go over your rights and how any agreement you reach will affect those rights. During this review, you may discover that the agreement with your spouse severely harms your legal interests and decide that an uncontested divorce is not appropriate for you.
This realization is crucial to reach as quickly as possible. Once you finalize your uncontested divorce, it is often too late to reopen your divorce case and modify your agreement. In most cases, you would need to show there has been a material change in circumstances from when you signed the agreement in order to modify its terms.
Legal Counsel Is a Wise Investment in Any Divorce Case
Divorces are rarely simple, even when you and your partner might believe you can end your marriage amicably. Moreover, the decisions you or a court makes during any divorce proceedings can affect your life for years after the divorce is finalized. Deciding how to divorce and whether to use a lawyer’s services is a crucial decision.
Before forging ahead with an uncontested divorce in Tustin, employ one of our skilled divorce lawyers to review your situation before you finalize anything. We can advise you of the consequences of your proposed agreement and help you decide whether an uncontested divorce is right for your situation.
If it is, we will help you correctly file the necessary forms so your uncontested divorce can proceed without delay. Contact us at Pinkham & Associates today.
