Los Angeles Uncontested Divorce Lawyer
To the uninitiated, the phrase “uncontested divorce” may seem like a contradiction in terms, as couples who choose to end their marriages are presumably doing so based on some sort of ongoing dispute or problem.
In a divorce, there are many issues that need to be resolved in addition to the legal dissolution of the marriage – things like child custody, spousal support (alimony), child support, and the way that property will be divided.
In a contested divorce, these issues are disputed and the couple allows a court to decide the way that they will be resolved. In an uncontested divorce, on the other hand, the couple comes to an agreement about the way that they will be resolved and simply asks the court to sign off on their separation agreement.
Why if We Agree, Why Do I Need an Attorney?
If you find yourself in this situation, you may be wondering what the point of hiring an attorney would be. After all, if you and your spouse agree about the way these issues should be resolved, shouldn't it be as easy as signing off on the paperwork and submitting it to the court?
Even generating the correct paperwork to get divorced and addressing all of the relevant issues can be complicated and confusing. Some of the ways that a lawyer can help couples who are going through an uncontested divorce include the following:
- Identify the issues that need to be addressed in your divorce
- Advise you regarding your legal rights
- Draft and review documents that you will submit to the court
- Represent your interests should any dispute arise during the process
For more information, read our blog: Do I Need an Attorney for an Uncontested Divorce in California?.
What Issues Need to be Resolved in an Uncontested Divorce?
The issues that need to be resolved in your divorce depend on a variety of factors, including the length of time that you have been married, your economic situation, whether you have had children, and more. For example, if your marriage was relatively short and you did not accumulate significant assets during the time you were married, your divorce may be as simple as dividing the bank accounts, splitting up your personal property, and walking away.
On the other hand, if you and your spouse were married for a significant period of time and started a successful business together, your divorce will likely be much more complicated. Examples of the important issues that often need to be addressed in divorce include the following:
- Division of Community Property – One of the most complicated issues in many divorces is the way that the assets jointly owned by a married couple will be divided. California is a community property state, which means that there is a presumption that a married couple's assets will be split 50-50. There are important exceptions to this rule, however, and it may not always be clear what property is “community property.” Many divorcing couples find it better to come to an agreement about the way they will split their property rather than having a court impose a decision upon them.
- Child Custody – If you and your spouse have children together, there will need to be some sort of child custody arrangement made before your divorce can be finalized. There are various potential arrangements you could make, including shared physical and legal custody, sole physical custody and shared legal custody, or sole physical and legal custody.
- Child Support – Child support payments are payments made from one parent to another in order to help with the costs associated with raising children. Whether you are the party seeking child support or the party who may be paying child support, it is important to understand that child support payments can have a significant impact on you and your child's financial situation.
- Spousal Support – Spousal support payments, or “alimony,” are payments made from the higher-earning spouse to the other spouse to allow the receiving spouse to maintain the standard of living he or she enjoyed during the marriage.
Call a Los Angeles Uncontested Divorce Lawyer Today to Discuss Your Case
If you are considering getting a divorce or have already started the process, you should call a Los Angeles divorce lawyer as soon as you can. The attorneys of Furman & Zavatsky are experienced uncontested divorce attorneys who are committed to protecting the rights of each client they take. We can also help you change your name during or after divorce. To schedule a free consultation with one of our lawyers, call our law firm today at 818-528-3471 or send us an email through our online contact form.