Uncontested Divorce -FAQ

Uncontested Divorce in California- Frequently Asked Questions: 

This article was authored by Famularo & Associates and is reprinted from the Temecula Valley News

Dear Famularo & Associates:

My wife and I are getting divorced and she has hired an attorney. We agree on everything and we don't want to incur the expense of another attorney so I'm not hiring one. Her attorney prepared and filed a Petition and served me with it. According to my wife, I don't need to file a response and they will just get what she called a "default judgment". That doesn't sound right to me, but my wife says that our agreement will be given to the court, too. The thing is the Summons says I have 30 days to respond and if I don't they can proceed without me. I want to trust my soon to be ex-wife, but technically we are adverse parties and I I don't know who or what to believe.

--Jim in Murrieta

Dear Jim:

An uncontested divorce is a divorce where the parties agree to the terms before the filing of the divorce paperwork. The advantage of an uncontested divorce is that the parties can avoid litigation; neither party ever appears in court, and because there is no litigation, the cost of an uncontested divorce is substantially less. The disadvantage of an uncontested divorce is that it requires each party to compromise. In order to obtain a settlement, each party must be flexible and make realistic demands from the other party.

An uncontested divorce is not appropriate for everyone. If you have a large estate, complicated legal issues, have an unreasonable spouse, or you are a victim of domestic violence, an uncontested divorce is not for you. Since an uncontested divorce is primarily negotiated by the parties among themselves, it is important to seek legal advice early from a family law lawyer before entering into a settlement. Each party should have an idea as to what his/her rights and obligations are before entering into any negotiations.  Normally, the terms of the divorce will be agreed upon long before either party files for divorce.

In order to qualify for an uncontested divorce, the parties must agree on all the terms of the divorce. This includes agreeing on entirely on each of the following issues: child support, spousal support, child custody, child visitation, attorney fees, division of property and division of debts.

If you and your wife have agreed to all the terms of the divorce, then it is likely your divorce will be uncontested. However, your wife has an attorney and has already filed for divorce.  Since you have been served the divorce papers, you need to either file a response within thirty days, or your wife's divorce attorney must prepare the divorce judgment before the time for you to file a response has expired. If you and your wife sign the final divorce papers within thirty days after you were served, you need not file a response. Otherwise, you should either file a response to the divorce within thirty days or get an extension to file the response from your wife's attorney.  If you and your spouse are able to agree to the terms of the divorce, and since all paperwork is prepared in the office, there will be no reason for you to ever set foot in court.

It is important to note that your wife's divorce attorney can only represent one party. If you have any questions about your legal  rights or about the terms of the divorce judgment, you must seek independent legal advise. 

The bottom line is that it is possible for you and your wife to complete the divorce without ever going to court. It is also possible that you will be able to complete your divorce without having to file a response.  However, before you allow a default judgment to taken against you, make sure that you have a fully executed, written divorce agreement in your hand.

-- Famularo & Associates