Temecula Uncontested Divorce Lawyer

Uncontested Divorce Requirements in California

In California, there are specific requirements that must be met for an uncontested divorce to proceed:

• Residency Requirement: To file for divorce in California, at least one spouse must have lived in the state for at least six months before filing. Additionally, one of the spouses must have lived in the county where the divorce is filed for at least three months.
• Grounds for Divorce: California is a no-fault divorce state, which means that you do not need to prove fault or misconduct on the part of your spouse to obtain a divorce. Irreconcilable differences are sufficient grounds for divorce.
• Agreement on Key Issues: Both spouses must agree on all major issues, including property division, spousal support, child custody, and child support. These agreements should be documented in a legally binding marital settlement agreement.
• Financial Disclosures: Both parties must provide complete and accurate financial disclosures to ensure that all assets and debts are appropriately divided.
• No Minor Children: In uncontested divorces, no minor children should be involved, or if there are, both spouses must have a complete agreement on child custody, visitation, and support.
• Marital Settlement Agreement: All agreements should be documented in a comprehensive marital settlement agreement, which the court reviews and approves.

Our experienced attorneys at the Law Office of Neda Aguirre, APC, will assist you in meeting these requirements and ensuring that your uncontested divorce proceeds smoothly.

How Long Does an Uncontested Divorce Take?

The timeline for an uncontested divorce in California can vary depending on several factors, but it is generally faster than a contested divorce. The typical steps in the process include:

• Filing the Petition: The process begins with one spouse filing a divorce petition, which is then served to the other spouse. California law mandates a waiting period of six months from the date of service before the divorce can be finalized.
• Agreement and Marital Settlement: The spouses must reach an agreement on all divorce-related matters, which include property division, spousal support, and child custody. This is often the most time-consuming part of the process, as the complexity of the issues and the level of cooperation between spouses can affect the duration.
• Marital Settlement Agreement: Once the agreement is reached, it must be documented in a marital settlement agreement. Our skilled attorneys will help ensure that this agreement adheres to the laws and regulations in California.
• Court Approval: The final step involves presenting the marital settlement agreement to the court for approval. The divorce can be finalized once the court reviews and approves the agreement.

The time it takes to complete an uncontested divorce varies, but it typically takes around six months from the filing date to obtain a final divorce decree. The Law Office of Neda Aguirre, APC, is dedicated to expediting the process while protecting your rights and interests.