Uncontested Divorce In California : Divorce 661Wednesday, May 3rd, 2017
Uncontested Divorce In California : Divorce 661
The purpose of this article is to explain what Uncontested Divorce means.
First, an uncontested divorce in California from a procedural viewpoint simply means that one party filed a Petitioner and the other party filed a Response to the divorce. That’s it. That is the procedural definition.
You see, there are different ways of getting through a divorce in California procedurally. There is Default without an agreement, Default with an agreement, Uncontested divorce in California and Contested divorce.
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Depending on what type of California divorce case you have, depends on how you move forward procedurally and there are different sets of paperwork depending on the type of case you have.
This is why it is important to know what type of divorce case you have as the paperwork is different. At Divorce 661 we have created checklists for each type of divorce. In fact, while I was working for the Los Angeles Superior Courts I noticed that the clerks were having a hard time distinguishing between the different procedures and paperwork and were just guessing.
And when they got confused they would just reject the judgment. So after developing the checklists, it became easier to determine which forms were needed to process a California divorce judgment case.
Second, if you are wondering where the word, “uncontested divorce” came from, it is easier to just think of the opposite of “contested” or “contest”. A contested divorce is one where there is a “contest” and the judge is the referee. In some states the Judge is often referred to as a referee. Therefore, the contest is the trial in your California divorce case which the referee will decide.
And much like any contest or fight, nobody comes out the victor in most cases, everyone gets a little hurt.
This is the main reason I focus on uncontested divorce cases in California.
A Better Way To Divorce Than Uncontested Divorce In California
But did you know there is a better way to get through a divorce in California? If you and your spouse are in agreement, there is a more cost effective way of getting through your divorce than having the Respondent file a Response.
With each new California divorce case that I take on, I make an assessment to see which way would be the best way to move their California divorce case forward. If I determine that they are amicable enough to not have to file a Response, which is the case with most of our clients, then we will move forward procedurally with what we call a “Default With Agreement California Divorce Case“.
Many people have started their own uncontested divorce in California before reaching out to me for help. They will call and say they have already filed their divorce petition and they had their spouse file the Response.
What I tell people is that they have already wasted good money on their divorce. Again, if you are in agreement, a Response is not required.
So if you are considering an Uncontested divorce in California, please reach out to me before you file for divorce. If you are reading this and you already have filed, that is okay. Just make sure you contact me before the Response is filed so I can save you some money.
You see, at least 1/2 of my new business comes in from folks who have already started their Uncontested divorce in California on their own because they are trying to save some money which I totally understand.
But you are actually wasting money by filing the Response if you and your spouse are in agreement.
Then why does the Court tell you that a Response needs to be filed?
Because this is the traditional, proper way of getting through an uncontested divorce in California. It is a court of law and much like being sued in a civil complain, you are being “sued for divorce” and in court procedure, filing a Response is the only true way to officially enter the case.
The Court’s do not like that I help save my clients money and tell them not to file a Response. The courts want their money and I am certainly doing my part to help my clients by saving them money with court fees.
Divorce 661 is a full service California Legal Document Assistant firm specializing in Divorce in California. We can help you with your uncontested California Divorce anywhere in California.