When a marriage ends in divorce, it can be painful for all parties involved. This can be exacerbated by the unique details of the divorce. There are several types of divorces, but the most common are contested or uncontested. If you find yourself in the midst of a divorce, you may be asking, “What is the difference between a contested and an uncontested divorce in California?”
The Overall Divorce Process
Marriages end for multiple reasons: irreconcilable differences, financial constraints, differences in child-rearing philosophies, or even infidelity. No matter how the couple comes to the decision, there are several issues that must be resolved when a couple chooses to divorce. These can be legal matters regarding property and asset division, alimony, child support, and child custody. Sometimes couples agree in these situations, and other times there are major conflicts.
Contested Divorce
A contested divorce is a divorce in which the couple disagrees about major issues. For example, they may disagree about how their property will be divided or who will have primary custody of the children. They may also disagree on the decision to get divorced in the first place. When couples cannot agree on these issues, the court must make the final decision.
Uncontested Divorce
On the contrary, uncontested divorces are divorces in which the couple agrees on all major issues. If they disagree on just one major topic, such as visitation rights, divorce is considered contested. With an uncontested divorce, the couple settles everything outside of court, but they still may need a family lawyer to mediate or to help them iron out legal paperwork.
What Are the Key Differences Between Contested and Uncontested Divorces?
The primary difference between a contested and uncontested divorce is the time it takes to finalize. Uncontested divorces tend to be quicker since the couple has already come to an agreement about the matters involved. These divorces may also never see the inside of the courtroom as there is no trial, discovery, or other legal complications.
Uncontested divorces also tend to be less costly because of these reasons. However, all divorces require paperwork, and depending on how busy the court is, filing this paperwork can be rapid or take longer to process.
Contested divorces, on the other hand, often go to trial in civil court. Each party may hire a lawyer to argue their case and receive what they believe is their due. California has its own goals for how long civil proceedings should take. The general goal for unlimited civil cases, for instance, is to be resolved within 24 months. This is just a goal, as each trial is unique and can last longer or resolve much sooner.
Another difference is the appealability of the case. Uncontested divorces are unappealable, while contested divorces are. However, this can change down the line, depending on the circumstances. For instance, the couple may have originally agreed on custody arrangements for their child, but if one parent does not fulfill their obligations, they may decide to settle the disagreement in court.
It is important to note that while in uncontested divorces, the couple makes the final decisions, in contested divorces, the judge does.
When Should I Hire a Lawyer?
You should consider hiring a lawyer whether your divorce is uncontested or contested. Your lawyer can mediate the conversation even if your divorce is uncontested. Your lawyer can also help you ensure your divorce is legal under California laws and that you have filed your paperwork in an accurate and timely manner.
If your divorce is contested, you should definitely hire a lawyer. Divorce can become very contentious, and you want to ensure you are not being taken advantage of during the proceedings. Your lawyer will also help you negotiate the terms of your divorce, improving your chances of receiving the child custody rights, alimony, or assets you desire.
FAQs
Q: How Long Can a Contested Divorce Take in California?
A: The time frame of a contested divorce varies and will depend on the unique details of the case. If both parties agree on most issues but cannot agree on child custody, for example, the case may be quicker. However, if they disagree on the majority of the issues and have a considerable amount of assets to divide, the proceedings will often take longer. The length of time is also dependent upon the efficiency of the court and the lawyer’s experience.
Q: What Does it Mean to Contest a Divorce in California?
A: Contesting a divorce means challenging the issues raised in a divorce. For example, if one partner believes they are entitled to half of the couple’s assets, but the other claims they were the only breadwinner and deserve all the assets, that divorce is contested. In general, to contest a divorce means to disagree with your ex-spouse on most or all major issues.
Q: How Long Does It Take for an Uncontested Divorce in California?
A: Like contested divorces, the time frame for uncontested divorces in California varies. However, while a contested divorce’s time frame is dependent upon case complexity, the length it takes for uncontested divorces to be finalized is largely dependent upon the efficiency of the court and the laws within the state. There is no separation period in California, but there is a waiting period of 6 months between the summons and finalization.
Q: What Does Uncontested Mean in a Divorce?
A: Uncontested means a divorce is unchallenged. In this case, both parties agree on all of the major issues and no trial, legal complications, or discovery is necessary. In uncontested divorces the couple may or may not have children, may not have many shared assets, and agree on alimony. Uncontested divorces also tend to be quicker and less costly.
Contact Drury Pullen Law for Divorce Support
Whether your divorce is contested or uncontested, hiring an experienced family lawyer can save you time and money. Because divorces can be so emotionally charged, it can be hard to focus on the details, paperwork, and legal implications to ensure the process goes smoothly. At Drury Pullen, APLC, we can offer you compassionate support and help you choose the right divorce option. You do not have to do it alone. Contact our office today for a consultation.