San Jose Uncontested Divorce Lawyer
A contested divorce is one of the most stressful things a person can go through. It can result in drawn-out legal battles over spousal support, child custody, child support, and property division. However, not every marital dissolution has to go this route. If two soon-to-be-former spouses can reach an agreement on important issues, it’s possible to simplify the process altogether. An uncontested divorce lawyer in San Jose, CA may be able to help.
At Argyris Mah, LLP, our San Jose uncontested divorce lawyers have seen the difficulties experienced by those going through a contested divorce. In fact, we represent many clients in this exact situation. However, we also understand that a collaborative approach is far more beneficial to everyone involved. If you need help figuring out major issues — or if you simply want to ensure your uncontested divorce agreement is legally enforceable — we’re here to help.
Contact us today to schedule your free consultation.
Do You Qualify for an Uncontested Divorce in California?
Uncontested divorces don’t always look the same. However, everyone is entitled to the process. The only variable that typically matters is whether the parties involved can reach an agreement on issues like child custody, alimony, child support, and asset division. If this is possible, a divorce in California can take as little as six months.
However, uncontested divorces can also occur if one spouse refuses to participate in the process. This can happen if someone is unreachable or merely ignores petitions from the court. This will result in a default judgment being issued without input from the other spouse. Regardless of the situation you find yourself in, our uncontested divorce lawyers in Santa Clara County can assist with filing the appropriate paperwork and other legal requirements.
What Does the Uncontested Divorce Process Look Like?
To get an uncontested divorce in California, you must first start with a marital settlement agreement. This agreement stipulates the arrangement you and your spouse have come to regarding important issues. This agreement must meet appropriate California guidelines, and a San Jose divorce attorney can help ensure this is done correctly. After an agreement has been reached, one spouse must file a petition for divorce in court.
From this point, how your divorce proceedings play out will depend largely on your circumstances. For instance, there will be additional paperwork you need to file if you and your former partner have children. Whether the non-petitioning spouse files a response can also affect the process and timeline of events. Once a judge approves your agreement, though, it’s often only a six-month waiting period before the divorce is finalized.
Even when a divorce is uncontested, though, it doesn’t hurt for each party to have their own attorneys. Additionally, a single legal professional can assist with mediation if you’d like to take that approach.
Do You Really Need the Help of Uncontested Divorce Attorneys?
If you and your spouse reach an agreement on everything from child support to the division of real property, you may think the input of a legal professional is unnecessary. After all, why would you need a lawyer if you don’t plan on arguing over certain issues in court? In reality, an uncontested divorce is not as simple as many people think. California’s laws dictate what’s allowed in divorce agreements, and if you step outside of these bounds, it can complicate the entire process.
Put simply, a judge may reject your agreement. This means you’ll remain married and likely have to hire a law firm to identify and correct any issues. The only difference between hiring an attorney at that point or before starting the process is that the former scenario will drag out much longer. This situation often arises when children or substantial money is involved, but the truth is that it can affect the parties of any divorce.
Let our uncontested divorce lawyers in San Jose, CA help you avoid these problems.
Contact Our Uncontested Divorce Lawyers in San Jose, CA Today
If you’re hoping to avoid court during your divorce, it’s important to realize that some hearings may still be necessary. However, these will differ significantly from the litigation seen in contested divorces. In fact, court appearances may serve little purpose other than finalizing an agreement between one spouse and the other. Even an uncontested divorce can get derailed, though, if mistakes are made during the process. This is why you should have a legal professional on your side.
At Argyris Mah, LLP, the professionals in our law offices can assist. We can help draw up necessary divorce papers and ensure they stay within the confines of California law. We’ll help you understand our state’s community property laws along with requirements for child support, alimony, and child custody. Going this route on your own can result in rejected agreements that lead to further financial difficulties. An uncontested divorce lawyer in San Jose, CA can help you avoid this.
Contact us today by calling (408) 214-6366 to schedule your free case evaluation.
