Pros and Cons of an Uncontested Divorce in California

The Pros and Cons of an Uncontested Divorce in California
The Pros and Cons of an Uncontested Divorce in California

Although there are a number of different ways to describe and classify different methods of divorce in California, in the broadest sense a divorce can be either “contested” or “uncontested.”

In a contested divorce, the spouse goes to court and presents arguments before the judge, who then makes a binding decision. In an uncontested divorce with no objection, the spouse works in the divorce process in a friendly manner and then they submit the marriage settlement agreement to the court for the approval of the judge.

But, even here, some further clarification is required. First, to pursue an uncontested divorce, you and your spouse do not need to fully agree in the first place. In fact, the vast majority of uncontested divorces involve settlement negotiations.

Second, initiating a controversial or non-contentious divorce does not keep you on a specific path. Many controversial divorces were finally resolved through settlement; and, in some cases, spouses who initially pursued an uncontested divorce found that they had no choice but to sue for divorce.

See also: Involved in a California Divorce? Here’s What You Should Know

What Do California Spouses Need to Know about Uncontested Divorce?

If you are preparing to go through a divorce and think that an uncontested divorce might be your best option, what else do you need to know about the process? Here is an overview of some pros and cons:

What are the Pros of an Uncontested Divorce?

What are the Pros of an Uncontested Divorce?
What are the Pros of an Uncontested Divorce?
Pro #1: It Saves Time.

Uncontested divorces will almost invariably be quicker than contested divorces. Why? Because, even if it takes you and your spouse a while to negotiate your property division, financial support, and parenting plan arrangements, the amount of time it takes will still pale in comparison to the amount of time it would take you to litigate these issues in court. As long as you and your spouse stay motivated and stay on track, an uncontested divorce will be the most efficient way to end your marriage.

Pro #2: It Saves Money.

Getting an uncontested divorce also saves money. Litigating a divorce can be expensive; and, while there are steps your divorce lawyer can take to help keep the costs down, many of the costs associated with divorce litigation are simply unavoidable. In contrast, with an uncontested divorce, the efficiencies involved mean that the costs remain in control as well, and you have more flexibility to address issues such as tax planning which can provide financial savings for you and your spouse.

Pro #3: It Avoids Hostility.

Litigating a contentious divorce can breed hostility that lasts long after the judge issues an order dissolving your marriage. This can create additional challenges post-divorce, especially if you and your spouse have minor children.

Pro #4: It Gives You Options.

During an uncontested divorce, spouses can work together to consider flexible and creative alternatives that meet both of their respective needs. The more willing you and your spouse are to work together (even if you have competing goals), the more likely you are to find a solution that works for both of you.

Pro #5: It Gives You Control.

Finally, pursuing an uncontested divorce gives you control over the final outcome. Instead of a judge deciding the terms of your divorce for you, you and your spouse will be able to finalize a settlement once you are both satisfied with the terms you have negotiated.

See also: How to Find a Good Divorce Attorney

What are the Cons of an Uncontested Divorce?

What are the Cons of an Uncontested Divorce?
What are the Cons of an Uncontested Divorce?

If those are the pros of an uncontested divorce, then what are the cons? The truth is, if you approach your uncontested divorce the right way and rely on the advice and guidance of an experienced attorney, there really aren’t any. However, if you try to work through an uncontested divorce on your own without the benefit of legal advice, then some potential drawbacks include:

Con #1 Overlooking issues 

If you pursue an uncontested divorce without an attorney, you might overlook issues that need to be addressed.

Con #2: Post-Divorce Complications 

If you overlook issues and your marital settlement agreement is incomplete, this can lead to challenging complications post-divorce.

Con #3: Unenforceable Settlement Terms 

In California, there are rules regarding the enforceability of marital settlement agreements and the terms to which spouses can agree regarding things like child support and parenting time. If you negotiate an unenforceable agreement, this will draw out the process and force you and your spouse to renegotiate the terms of your divorce.

See also: Choosing The Right Family Lawyer for Your Divorce with Lynx Legal Services

Request an Appointment with Divorce Attorney at Lynx Legal Service

If you would like more information about the benefits of divorce in California, we encourage you to get in touch. To request an appointment with the divorce attorney, please call 888-441-2355 or inquire online today. We invite you to contact our law office – Lynx Legal Service, or alternatively, send an email and we’ll get back to you as soon as possible.

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