Maxwell Hills | May 9, 2024 | Divorce

Uncontested Divorce

California is a no-fault divorce state. It means any person can file for divorce and he or she doesn’t have to provide grounds for divorce. 

If you’re thinking about getting divorced in California, you might be wondering how to do it. It’s important to know the difference between two types of divorces: uncontested and contested. Whether a divorce is contested or uncontested, it is better to get help from Hills Law Group, Orange County, CA. 

In this article, we will talk about what is an uncontested divorce and whether it is possible in Orange County. Let’s start with a better understanding!

Uncontested vs. Contested Divorces in California

In a contested divorce, couples need help from the court to decide on things like child support, child custody, etc.

On the other hand, in an uncontested divorce, the couple agrees on everything and can settle everything without going to court. But in both cases, seeking to hire professional divorce lawyers is a wise decision. 

Why Everyone Should Look for Uncontested Divorce 

Many couples think there are lots of good things about getting an uncontested divorce, like:

  1. Uncontested divorce is less expensive 
  2. It is time-saving 
  3. Respectfully dissolution of marriage 
  4. Makes child custody and child support easier 
  5. Provides privacy to both parties

But sometimes, even if you get an uncontested divorce, you might end up back in court later on. Even though there are good things about getting an uncontested divorce, there are also some risks. You might make mistakes or forget important things in the divorce agreement. So, it is recommended to get help from Hills Law Group Orange County as they have extensive experience in handling all matters involved in divorce cases. 

What Are Requirements for Uncontested Divorce in Orange County

To file for divorce and do it right, you need to follow the rules and steps. There are two main ways to file for a divorce in California if you both agree:

  1. Summary Dissolution

This is the easiest way to get an uncontested divorce. But you have to meet certain rules: you can’t have kids, you must have been married for less than 5 years, you can’t own any property together, neither of you can ask for money from the other, and you both have to agree not to change your mind later.

  1. Standard Dissolution

If you don’t meet the rules for a Summary Dissolution, you can go with a regular uncontested divorce. Here’s what you need to do:

A summary dissolution is like a faster version of a regular divorce. If you qualify, you don’t have to go to court or fill out as much paperwork

But how do you know if you qualify? Here are some things you need to have:

  • One of you has to have lived in California for 6 months. You both need to have lived in the same county for 3 months.
  • You have to agree that your marriage can’t be fixed.
  • You can’t have any kids or be expecting any.
  • You can’t own big things together, like a house.
  • You can’t owe more than $6,000 in debts, not counting car payments.
  • Neither of you can ask for money from the other.
  • You have to write down how you’ll share your assets and debts.

Once you meet all these rules, you can start the process. It’s still a good idea to talk to a lawyer because they might see problems you didn’t notice.

Simple Steps to File for Uncontested Divorce In Orange County, California 

Step 1

First of all, check which county you can file in. Plus, you need to make sure of California residence requirements. (6 months for California & 3 months for Orange County)

Step 2

Then, you fill divorce form and complete the paperwork. 

You’ll need two forms: 

  1. Petition – Marriage Domestic Partnership” (FL-100)
  2. Summons (Family Law)” (FL-110). 

Note: If you have kids together, you’ll also need to fill out the “Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)” (FL-105). 

Step 3: 

Check if you need to fill in any extra forms.

Some counties in California might need you to fill in more paperwork. You can go online to the Self-Help Center to see if this applies to you.

Why You Should Hire a Lawyer for Uncontested Divorce?

A divorce lawyer can avoid you associated risks with uncontested divorce. When you choose a DIY divorce solution, you might also miss important details that could affect your life later on.

If truth be told, you have to pay a fee to lawyers but they can save you in legal trouble and finish the process faster. Remember, if your spouse has a lawyer, you also must hire a lawyer. They can make sure your rights are protected even in an uncontested divorce. 

There are some situations where you definitely should have a lawyer:

  • Valuable assets involved in marriage 
  • Kids involvement 
  • Retirement plans and savings 
  • Other investment accounts 
  • Outstanding debts 

Contact Hills Law Group Divorce Attorneys Orange County 

If you’re thinking about getting an uncontested divorce, the first step is to find a lawyer you can trust. Hills Law Group has been working for several years and is well-known in Orange County. We have a team of divorce specialist lawyers who have wide experience and a significant success ratio in divorce cases. We know how family law works in Orange County and what are legal requirements to file for a divorce. We provide the right legal advice to resolve issues in uncontested divorce cases. Our whole team is dedicated to giving each client special attention and helping them solve their divorce and family problems in a friendly way. We understand that going to court can be long and expensive, so we try to settle things without going to court whenever we can.