Carlsbad Uncontested Divorce Attorneys

High-Quality Representation for Couples in North San Diego County

While any divorce can be stressful, filing for an uncontested divorce can save couples time and money in the courtroom. At Burke & Domercq, our uncontested divorce lawyers deeply understand divorce laws to help you navigate the legal complexities of your uncontested divorce in Carlsbad.

From fulfilling state eligibility requirements to completing required forms, we aim to help you turn the page to a happier future while protecting your rights at every step. With decades of experience and a proven track record of results in North San Diego County, you can trust our AAML-recognized attorneys to give your case the time and personalized attention it deserves.

Are you wondering if you're eligible for an uncontested divorce in Carlsbad? Contact us today to discuss your options with an experienced California divorce attorney!

What Is an Uncontested Divorce?

An uncontested divorce (“summary dissolution”) is available to spouses who agree on all issues related to the marriage dissolution, including child custody, spousal support (alimony), child support, property division, and other important matters. This type of divorce is only available to couples who have been married for less than five years, do not have children together, and have limited assets.

In contrast, a contested divorce (“standard dissolution”) must be resolved through negotiation or litigation. While uncontested dissolutions are often resolved amicably and quickly, seeking legal counsel from an experienced lawyer is essential to effectively navigating the legal process and protecting your rights throughout the divorce proceedings.

What Are the Benefits of an Uncontested Divorce?

While uncontested divorces include strict eligibility criteria, they also offer many benefits. Some primary advantages of choosing an uncontested divorce include:

• Less expensive. Uncontested divorces are settled outside of the courtroom, eliminating the need for costly litigation and legal fees.
• Less time-consuming. Summary dissolutions are settled without courtroom intervention, allowing couples to spend less time in the courthouse.
• More control. Uncontested dissolutions allow couples and families to reach a mutual agreement independently, offering more control over the outcome.
• Less stressful. Compared to standard dissolutions, summary dissolutions offer more dignity and privacy. This can be especially beneficial for couples wishing to minimize emotional stress on young children.

Am I Eligible for an Uncontested Divorce in California?

Couples must fulfill specific requirements to file for an uncontested divorce, including:

• Residency Requirements:
  • One or both spouses must have lived in California for at least six months.
  • One or both spouses must have lived in San Diego County for at least three months (Cal. Fam. Code § 2320).
• Agreement on All Aspects of the Divorce:
  • Both spouses must agree on all divorce-related matters, including:
    • Property division
    • Child support
    • Child custody
    • Other divorce-related issues
• Willingness to Sign All Necessary Documents:
  • Both spouses must be willing and able to sign the necessary documents, including:
    • Petition
    • Response
    • Marital settlement agreement
    • Other relevant documentation

What Are the Financial Requirements for an Uncontested Divorce?

Couples seeking an uncontested divorce must fulfill specific financial requirements. These include: 

• No real estate. You and your spouse do not own or lease a house, land, or any other building. 
• You owe less than $7,000. You and your spouse owe less than $7,000 together. This does not include car loans. 
• You have less than $53,000 together and separately. You and your spouse must own less than $53,000 in community and separate property, including retirement accounts. 

What Is the Process for an Uncontested Divorce? 

To file for an uncontested divorce in San Diego County, you must take the following steps: 

1. Consult an uncontested divorce attorney. Securing experienced representation from an uncontested divorce lawyer is paramount to protecting your rights and pursuing a fair outcome.
2. Confirm eligibility. In addition to meeting state residency requirements, couples must be willing and able to reach a mutual agreement without family court intervention. 
3. Create a written marital settlement agreement. The marital settlement agreement ("stipulated judgement”) must address all issues pertaining to the divorce.
4. File the divorce petition. The petitioning spouse (“petitioner”) must complete and file a Petition for Dissolution of Marriage (Form FL-100). Keep in mind that couples with minor children may need to fill out additional forms. 
5. Serve the other spouse. The other spouse (“respondent”) will have 30 days to respond to the petition. If the respondent fails to respond within this timeframe, you may be eligible to request a dissolution by default. 
6. Disclose financial information. Both spouses must exchange financial information by completing the Declaration of Disclosure (Form FL-140). 
7. Finalize the divorce. Unless there is a problem with the paperwork, the judge will generally approve your agreement. Like default divorces, there is a six-month waiting period from service of the petition before the divorce is finalized. 

Do I Need a Lawyer for an Uncontested Divorce?

While it may be tempting to save money by forging your right to legal representation, hiring an uncontested divorce lawyer can make a significant difference in the outcome of your case. A skilled advocate can protect your rights by reviewing all legal documents with a practiced legal eye. Our attorneys have a reputation for winning results in uncontested divorce proceedings. From the initial petition to the final decree, you can trust our firm to guide your legal steps wisely while safeguarding your finances and future. 

How Long Does an Uncontested Divorce Take?

The timeframe for an uncontested divorce can vary depending on various factors, including court processing times and whether all required documents are filed correctly. An uncontested divorce typically takes about 3 to 6 months to finalize. However, the process may be longer or shorter depending on the unique legal circumstances. Partnering with a knowledgeable lawyer is paramount to seeking a swift and fair dissolution. 

Is There a Waiting Period for Uncontested Divorces in California?

Yes. Couples filing for an uncontested divorce must undergo a six-month waiting period after submitting their final paperwork. Our attorneys can help you complete all required forms correctly and on time to streamline the process, prevent delays, and pursue a timely outcome in your case. 

Common Mistakes to Avoid in an Uncontested Divorce

While an uncontested divorce may seem like a straightforward process, it’s essential to avoid some common pitfalls that can affect the long-term outcome of your case. Below are a few mistakes to be aware of:

• Underestimating the Value of Legal Advice: Even in an uncontested divorce, having a lawyer to review documents and advise on your rights is essential. This helps ensure you're not agreeing to terms that may not be in your best interest.
• Failing to Disclose All Assets: Full financial transparency is vital. Both parties must disclose all assets and debts, or the divorce could be invalidated, or one party could seek to reopen the case later.
• Rushing the Process: An uncontested divorce can be quick, but rushing through decisions without fully understanding their impact can lead to regret. Take the time to carefully consider all decisions, especially concerning finances and custody arrangements.
• Ignoring Post-Divorce Modifications: Life changes, and so can your circumstances. If any terms of the divorce need modification in the future, such as child custody or spousal support, it’s essential to understand how to initiate a legal change in those terms.

Avoiding these common mistakes can help you complete the divorce process smoothly and ensure that you’re well-protected in the long run. 

Put Decades of Experience on Your Side with Burke & Domercq

No matter which type of marriage dissolution you’re seeking, partnering with a skilled divorce lawyer is imperative to safeguarding your finances and future. At Burke & Domercq, our award-winning advocates exclusively represent couples and families in Carlsbad, giving you peace of mind that your case is in trusted hands. When you partner with our nationally recognized attorneys, you can expect caring and personalized counsel tailored to your unique legal circumstances. 

If you meet California's requirements for an uncontested divorce, we can help guide you through the process. Reach out now to schedule a consultation with a trusted Carlsbad uncontested divorce attorney!