What is a Simple Divorce?
A simple divorce is one where you and your spouse reach an agreement on the division of your assets and debts and support issues. This is considered “uncontested” In California, an uncontested divorce could mean one of two things:
- You and your spouse agree on how to handle property, money, and parenting issues. In some cases, this means neither party will need to file a response to court filing.
- Your spouse does not disagree with you on your requests and is not likely to file forms in court saying so. In a situation where the spouse does not file a response, the Petitioner will receive a “default” judgment.
A divorce case becomes “contested” when the other party files a Response or the parties cannot agree on the distribution of assets and debts and/or parenting and support issues. In this case, the court makes these decisions for the parties. Separate attorneys are typically retained at this time to continue the divorce process.
Can you File your own Documents with the Court?
Whether you file the documents yourself, or hire a professional to prepare and file the documents for you, there are state and local rules that must be followed. It is imperative that the rules of the court are followed to assure your case progresses as intended.
How Long Does an Uncontested Divorce Take in California?
The soonest a Divorce can be finalized is 6 months and 1 day after the initial pleadings are served on the Respondent. There are other documents that must be filed with the court within that period and the Divorce is not granted automatically.
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*We are not attorneys and cannot provide legal advice. We can provide legal document assistance at your specific request.
