Contested vs Uncontested Divorce in California

Nov 20

, Carroll Law Office

If you watch enough Court TV, you can’t be blamed for assuming that filing for divorce in California is a drawn-out, expensive, and stressful process. While this certainly can happen (Rosendale vs. Rosendale took 12 years to resolve), it’s not the norm. Contested vs. uncontested divorce in California is one of the greatest decisions that divorcing couples must make. Continue reading to learn more about which may be the better fit for you and your spouse.

There are two types of divorce in California: contested and uncontested. Below is an overview of the main differences between these two dissolution options and how they can affect the cost and duration of your legal proceedings.

Types of Divorce in California

Contested Divorce

With a contested divorce, you and your spouse disagree on one or more of the major issues that need to be resolved. They include child custody and visitation, child support, spousal support, and the division of marital property and obligations.

For example, if you agree on how you will share custody and split the marital estate but your spouse is unwilling to pay support until you can become financially self-sufficient, your divorce becomes contested and the support question will have to be litigated.

While sometimes necessary, contested divorce has disadvantages that include:

• Loss of control over the outcome. When you can’t reach your own agreement, the court will determine who gets what marital property and/or order a custody arrangement that it believes to be in the best interests of your children.
• Your divorce takes longer to complete, and legal costs are consequently higher.

While judges try to be as fair as possible when reaching decisions that affect your family and your future, a contested divorce can lead to an outcome that neither of you are happy with. You and your spouse should try to negotiate your disagreements before turning to the court.

Uncontested Divorce

Uncontested divorces are more straightforward and cost-effective. If you and your spouse agree on child custody and support, property division, and other essential matters related to the divorce, they result in an outcome that will satisfy both of you.

Although less complicated than a contested divorce, under some circumstances an uncontested divorce can be inappropriate. If your marriage was affected by domestic violence, child abuse or neglect, or you believe that your spouse may be hiding income or assets, an experienced California divorce attorney will protect your best interests and those of your children.

Advantages of Contested Divorce

Contested divorce cases are often complex and difficult to work through. There are oftentimes reasonable explanations as to why spouses cannot come to an agreement outside of going to court. In some cases, it may be because abuse is a part of the situation. In cases such as these, it can be helpful for the abused spouse to have the protection that comes from court proceedings and decisions being made and facilitated by an authoritative judge.

In cases of contested divorce, one spouse often feels as if they have been wronged in the marriage and is determined to, in some way, gain retribution for that. This may come in the form of child custody or child support, spousal support, property division, or in other ways.

While contested divorce can take longer and be more expensive to pursue than uncontested divorce, it may be a favorable option for some couples. With a contested divorce, appeals can be made by either party concerning decisions that are being made. This form of divorce may help one spouse to feel as though they have a voice in the matter. With everything out in the open before other witnesses, their rights and needs are more likely to be seen protected.

Advantages of Uncontested Divorce

Uncontested divorce exists for couples who agree on every decision that needs to be made, such as child support, child custody, alimony, property and asset division, and more. While it can be difficult to come to an agreement on such important matters with the spouse you are separating from, doing so before going to court can save you a lot of time, money, and energy.

One of the greatest advantages of going the path of uncontested divorce is that it costs less than a contested divorce. Two of the costliest parts of a divorce are the legal fees that you pay for a lawyer to support and represent you and the fees you pay to the court for hearing and handling your case. While you can and probably will still need a lawyer to assist you with an uncontested divorce, you can avoid the court costs and likely not have to pay a lawyer as much.

Choosing an uncontested divorce will also save you from the emotional turmoil of going to court. Going through a divorce already has enough emotional strain of its own as you are preparing for a new way of life. It can become completely overwhelming when you add on the additional strain of being required to appear in an unfamiliar courtroom to have decisions made that will impact the rest of your life.

Choosing the Right Form of Divorce

There is no right or wrong way to go about choosing which form of divorce you and your spouse need to pursue. Contested divorce and uncontested divorce are two different options for couples with different needs and in different situations. Some things to consider as you decide which route to pursue include:

• Reflect on the relationship you have with your spouse. Ensuring that there is clear and efficient communication that leads to amicable agreements is an important part of an uncontested divorce. If communication is a strength of yours, an uncontested divorce may be an easy, fast route for the two of you to take. If not, you could perhaps benefit from the added guidance you may get in a contested divorce.
• Consider the complexity of your case. If you and your spouse share children or have extensive assets to divide, negotiations could be complicated. The more complex your case is, the more you may want to consider pursuing a contested divorce.
• Look at your financial situation. Divorces can be costly either way, but especially if you go to court. If you and your spouse are simply unable to financially pursue a contested divorce, you may be able to work towards an uncontested divorce together.

FAQs

How Long Does a Contested Divorce Take in California?

There is no set amount of time that a contested divorce will take in California. Each case’s timeline is dependent upon the unique set of circumstances that are involved. However, you can expect that it will not be a short process. Some cases take between a year and two years to be fully decided. There are multiple stages you must go through to get to the end of a divorce case, and each can take a considerable amount of time.

Do I Have to Go to Court for Uncontested Divorce in California?

You may not necessarily have to go to court for an uncontested divorce in California. Having an uncontested divorce means that you and your spouse agree on every aspect of the divorce, and there are no decisions that need to be made that you disagree on or have different wishes for. Uncontested divorces are sometimes sought after because they can take less time and cost less by avoiding having to physically appear in court.

How Much Does a Contested Divorce Cost in California?

There is no set cost for getting a contested divorce in California. However, it is not cheap. There are many factors that will affect the total cost you end up spending for a contested divorce, such as legal fees, court costs, and more. The length of time your case takes to be decided will also factor into the cost because the more time a lawyer and the court system spend on your case, the higher the fees will be.

What Is the Fastest Divorce in California?

The fastest form of divorce in California is uncontested divorce. An uncontested divorce is an arrangement in which a couple may be able to bypass the formal proceedings of court because they agree on all terms of the divorce. This process usually moves quickly because there is not extra time being factored in for each party to share their needs and then working to come to a compromise. This can also be the most cost-effective way to divorce.

Contact Our California Divorce Attorney Today

At Carroll Law Office, we understand that ending your marriage is one of the most difficult personal challenges you will ever face. When you’re worried about how divorce will affect your financial well-being and relationship with your children, we will help you make decisions that can result in the best outcome for you and your loved ones. If you have questions or are ready to file for divorce, please contact Carroll Law Office for legal representation you can trust.