Uncontested divorces can be a less stressful and more cost-effective way to dissolve a marriage, especially in California, where the legal system supports a streamlined process for couples who can amicably resolve their differences. However, preparation is critical to ensuring that everything goes smoothly.
Below are some essential tips and advice on what couples should prepare before starting the uncontested divorce process in California.
Why Preparation Matters
An uncontested divorce means both spouses agree on all major issues, including child custody, visitation, child support, spousal support, division of property, and debts. You may be wondering why we are emphasizing preparation so much.
In California, the process is designed to be straightforward, but it requires both parties to work collaboratively to finalize their agreement. Even when you generally agree, this level of collaboration throughout the divorce process can be challenging.
Understanding this and entering the process fully prepared can help you ensure that disputes do not arise, allowing you to move through the process smoothly.
Gather Financial Documents
One of the first steps in preparing for an uncontested divorce is to gather all necessary financial documents.
This includes:
- Bank statements
- Credit card statements
- Tax returns for the last few years
- Pay stubs or income statements
- Retirement account statements
- Mortgage documents
- Property deeds
- Titles for vehicles
- Insurance policies
Having these documents ready will help in accurately assessing your financial situation and facilitate a fair division of assets and debts. It can also help you avoid accusations of hiding assets.
When creating your inventory of all assets and debts, you should account for community property (assets and debts acquired during the marriage) and separate property (assets and debts acquired before the marriage or through inheritance or gifts). California law requires a fair and equitable division of community property, so having a clear picture of your entire financial situation is crucial.
Develop a Parenting Plan (If Applicable)
If you have children, developing a parenting plan is a major part of the custody process. California courts prioritize the children's best interests, so ensure your parenting plan is comprehensive and focuses on their well-being.
The plan should cover:
- Custody arrangements (legal and physical custody)
- Visitation schedules
- Holiday and vacation schedules
- Decision-making responsibilities
- Child support agreements
Discuss Spousal Support
Spousal support, also known as alimony, can be a contentious issue in divorce. Discussing and agreeing upon the terms of spousal support before filing for an uncontested divorce is important.
Factors to consider include:
- The length of the marriage
- The income and earning potential of both spouses
- The standard of living established during the marriage
- Any sacrifices made by one spouse for the other's career or education
Why You Should Have an Attorney Review Your Divorce
Even in an uncontested divorce, having an attorney review your documents before submission is an important step that should not be overlooked. While both parties may agree on key issues, the complexity of legal language and the potential for future disputes can make it wise to seek professional guidance.
Moreover, a legal expert can help identify any overlooked aspects, such as tax implications, long-term financial impacts, or rights you might not be aware of. By having an attorney review your case, you mitigate the risk of costly errors or omissions
The Law Office of David A. Martin & Associates is well-versed in all aspects of California divorce law, and we are prepared to help you with your uncontested divorce. Contact us online to schedule a consultation.
