When a marriage breaks down, a couple can choose to have a separation or to seek a divorce. Divorces come in two types: contested or uncontested.
Uncontested divorces are often known as “no fault” divorces where the filing party claims irreconcilable differences. As well, there is usually an agreement between the two spouses/partners about what is being asked for from both sides.
Contested divorces are ones in which there is a disagreement about the divorce situation, such as for what the partner or spouse is asking in the divorce.
Many divorces that we hear about in the media are considered to be uncontested. Paula Hatton recently filed for divorce from singer Robin Thicke, citing ‘irreconcilable differences’. Another famous couple, Kris Jenner (also known as Kris Kardashian) and Bruce Jenner decided to officially end their marriage after nearly a year of being separated. The two reportedly agreed on everything and filed for divorce together – a true uncontested divorce situation.
Important Things to Know
Even though an uncontested divorce means that both spouses/partners agree on what is happening during the divorce, they still must go to family court under California law. The court must officially end the couple’s marriage. If it does not, the spouses/partners may be responsible for each other financially – such as paying off credit cards or loans. Furthermore, neither spouse/partner can remarry until their marriage is officially ended.
Consult a Family Law Attorney
Even if you will be obtaining an uncontested divorce, it is still important to consult with a family law attorney experienced in handling divorces. An uncontested divorce still requires the spouses/partners to agree on certain things, come up with an agreement and divide up marital assets. A divorce attorney can make this process much easier and less complicated.
Additionally, an uncontested divorce can become contested if something happens that one of the spouses/partners does not like. Having a divorce attorney that knows your case from the start will be invaluable if you suddenly have to go to trial to obtain a divorce.
The attorneys at Fischer & Van Thiel, LLP have years of experience handling divorces. We value our clients, and we dedicate our time and resources to ensuring that each divorce goes as smoothly as possible. We are also skilled at family law litigation if it turns out the case must be litigated. For a consultation, we welcome your call to our office at (760) 722-7669.