What is an Uncontested Divorce?
An uncontested divorce is a divorce in which the parties either agree to the dissolution of their marriage out of court (which can be done through the help of an attorney or mediator) or one in which the other party defaults. Most divorces in California proceed as uncontested matters. The reason for this is that an uncontested divorce is less expensive than a contested matter in which the parties battle the matter out in court. There are advantages and disadvantages to an uncontested matter.
Advantages of an uncontested divorce include:
- Flexibility of reaching custody, visitation, support, and division of assets and debts that are right for you rather than having a court decision that doesn’t work for either of you.
- Usually preserves a civil relationship, which is important if you have children.
The disadvantages of an uncontested divorce vary on whether both parties are involved or where it is proceeding as a default. In default situations pro per litigants (those not represented by an attorney) usually forget to address issues such as pension plans and 401ks and as a result the court will reserve jurisdiction over those issues even if it grants the default. That means that at a later date your ex-spouse can come back and demand that they either receive their community property share of the pension plan or 401k or they can take you back to court and battle over the issue.
Consulting with a divorce attorney will enable you to make sure your rights and interests are protected in the dissolution of marriage process. It will also help to insure that important issues are addressed so that you don’t have to go back to court later. At the Law Office of Margaret D. Wilson we do everything that we can to demystifying the legal process and walk our clients through the steps that need to be taken considering their particular circumstances whether they have a contested or uncontested matter. .
Our office has experience dealing in the Family Law Courts in Los Angeles County and know the steps that need to be taken to handle your matter as quickly as possible. We represent clients all over Los Angeles County and even some parts of Ventura.