In California, many couples believe that an uncontested divorce is simpler than a contested one. Although this has some truth, there are potential difficulties that can complicate the divorce process.
Before you file for an uncontested divorce, consider learning what it entails to see if this option is appropriate for your situation. To get you started, here are common misconceptions you must be wary of:
It’s only for couples without assets or children
Couples without assets or children tend to have a shorter processing time or experience less tension than others. People mistakenly believe this kind of situation to be an uncontested divorce, as there is nothing to dispute.
However, this view is incorrect since an uncontested divorce is an option available to all kinds of marriages. Couples, regardless of their household and financial situation, can enter an undisputed process and agree on all terms of the divorce.
It’s the cheaper option
While an uncontested divorce has fewer costs, the process is not cheap. You might have to face filing costs, court fees, asset evaluations and lawyer fees. Moreover, it is possible to make mistakes in the process, which could result in delays or additional legal expenses.
It’s a quicker and easier process
Contrary to popular belief, going through an uncontested divorce comes with difficulties as well. You and your spouse must discuss complex topics to come up with fair resolutions that work for both of you. These issues may include building a child custody plan, settling on who gets a certain asset and deciding on spousal support.
Additionally, an uncontested divorce can take time. There is a mandatory waiting period of at least six months in California. This could extend if the court finds challenges during the process.
What to do when navigating an uncontested divorce
Misconceptions about an uncontested divorce can lead you to make costly errors. That is why it would be best to research the matter, using official online resources from the California state government.
Moreover, you can consider seeking legal counsel from an experienced divorce attorney. They can provide clarity on an uncontested divorce and help decide if this option is right for you.