Wednesday, February 20, 2013

Is a Divorce Quick If It Is Uncontested?

The type of divorce that one seeks may ultimately determine how long the process takes. This can be an ugly and frustrating time in a person's life, so getting the process over as quickly as possible is often of the utmost importance to individuals in the state. If it is uncontested, in which the couple is able to agree on all terms of the settlement without either party contesting them, is often the fastest path to take for couples looking to blow through the process as quickly as possible.

Even with this type of divorce, however, legal counsel is often encouraged to ensure that both parties' rights are protected. In some cases, just one party may hire an attorney who handles the case for the couple, but it is important to understand that the attorney is working only for the party that has hired their services. It doesn't make much sense for an attorney to represent both parties involved in a legal case, does it?

For all of its simplicity, however, the uncontested process must last at least six months from the time in which the Respondent, who is served with papers filed by the Petitioning party, is served. The six month waiting period is mandatory in the State of California for all divorces. This may be unpopular among couples who want to get the process over with and done in the quickest manner possible, but the sooner they accept the time-frame the better off they'll be.

During an uncontested divorce, the couple will agree to the terms of their settlement. This includes the division of their property and assets, any spousal support and other matters. If children are involved, the couple must also agree on child support, visitation rights of the non-custodial party as well as child custody. The couple may choose the type of legal custody (joint or sole) as well as the type of physical custody (joint or sole).

The minute that one party contests any of the items in the settlement, the process becomes of the contested variety. When the couple is unable to agree on all terms of the settlement and if even one item is holding up the process, it may last for much longer. Cases which are more complicated have been known to last for years before the process is finalized. That's why uncontested is the preferred method for many couples because yes it is the quickest way to get a divorce.

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