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Is an uncontested divorce really possible?

A sad truth is that thousands and thousands of California couples divorce every year. After all, California has one of the highest divorce rates in the nation. It doesn’t mean that every divorce in our state ends up as a nasty, drawn-out event, though. In fact, most divorces are settled by the agreement of both parties.

It is possible for many couples to have an uncontested divorce, particularly if they don’t have a high level of conflict or a significant dispute about the law that would require court involvement to resolve. Any couple who are able to reach a settlement, even with the involvement of attorneys, can have an uncontested divorce.

What is an uncontested divorce?

Like the name implies, an uncontested divorce occurs when a couple is not asking the court to resolve any of the issues (including child custody, child support, property division and alimony/spousal support). For couples with no children and few assets, there are simplified procedures and the process can take less time than a more adversarial proceeding.

How do I know if uncontested divorce is right for me?

Have you and your spouse agreed on all the issues pertinent to your divorce? If you have children, have you finalized custody arrangements? Have you reached agreement on property settlement? Have you decided whether alimony is appropriate?

If the answer to these questions is yes, then an uncontested divorce might be an option for you. You’ll be able to get started on the next chapter of your life much faster than if you were subjected to protracted divorce litigation.

Just because a divorce is uncontested doesn’t mean that you should go it alone, though. A consultation with a divorce attorney can be invaluable in any divorce proceeding. Having an attorney’s guidance will ensure that you are making decisions in your best interests (as well as the best interests of your children) throughout the divorce process.

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NACHLIS & FINK

Nachlis & Fink
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San Francisco, CA 94102

Phone: 415-399-8380
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