Divorce is rarely an easy process but sometimes there is a lot less fighting when the writing is on the wall. If you and your spouse are in a situation where divorce is the obvious next—or last—step in your relationship, there are options like an uncontested divorce.
These agreements, when drafted correctly, may help reduce the stress and lengthy timelines that are common to divorces where there is a lot of disagreement.
An important aspect, as detailed by The Judicial Branch of California, is whether or not you or your spouse responds to the initial divorce petition.
The first instance is when there is a response and an agreement on the separation. This requires you both to draft the agreement, fill out final forms, and complete your final declaration to the courts.
If your spouse does not respond, they have defaulted and it is only up to you to follow the steps. There still must be a notarized agreement and, if the case involves child support, there are some legal requirements to meet.
In the case of a default without an agreement, there are a series of steps to follow to petition the courts to make a decision on the divorce.
Whether you or your spouse serves the divorce papers, it is important to have your say in how your marriage ends. Having a written agreement that makes all details of your divorce clear and legally sound in California courts is a vital step to make your wishes clear. While this may sound complex, there are resources to help guide and inform you while you navigate this process.