Contested Vs. Uncontested Divorce In Alameda County, CA: What You Need To Know

In this article, you can discover…

• The differences between an uncontested and a contested divorce in California.
• How the type of divorce filed impacts how long the process will take.
• How an attorney can help you navigate negotiations with an uncooperative spouse.

What Is The Difference Between Contested And Uncontested Divorce In California?

In most contested divorces, you and the other party will find yourselves unable to agree on most, if not all, things.

That being said, if the disagreements are numerous and intense, your case will go to trial. There, a judge will hear both sides and then hand down a ruling, deciding how these issues (such as the division of assets or custody arrangements) will be settled.

In contrast, an uncontested divorce means that you and the other party agree on most points, can negotiate cordially with one another, and can reach a settlement agreement without going to court.

What Paperwork Do I Need To Get Divorced In California?

You will need the same kind of paperwork for both contested and uncontested divorce. In an uncontested divorce, you will submit a settlement agreement along with the judgment to the court, and if this agreement looks fair, the court will sign off on it.

In a contested divorce, this same paperwork will be used at trial, along with witness statements and other forms of evidence that a judge will use to hand down a decision.

How Does Each Type Of Divorce Affect The Timeline Of The Process?

A contested divorce can take years to resolve, depending on the complexity of the case and whether or not there are custody disputes. The more issues that you and the other party can not agree or settle on, the longer the process will take.

An uncontested divorce, however, takes considerably less time. If negotiations run smoothly and you and the other party agree on all points, divorce could be finalized within several weeks.

Attorney Sandra Banks is a dedicated family law attorney serving California. For over 30 years, she’s helped clients just like you understand their rights and protect their interests in both contested and uncontested divorces.

Have questions, or in need of sound legal guidance? Get in touch with the Law Office of Sandra F. Banks at (510) 391-4142 for an initial consultation today.

Can A Divorce Switch From Uncontested To Contested, Or Vice-Versa?

Yes. All it takes is for one party to want something that the other party didn’t expect for an uncontested divorce to become contested. In some cases, you and your spouse may initially feel that you agree on all points, but find that one party is entitled to more than they initially agreed on, causing concern and conflict.

Similarly, you and the other party could begin with a contested divorce and later decide to work with one another simply to move forward quicker and with less contention. Most family court cases do not go to trial, and even family court is set up in a way that encourages healthy negotiations and compromise.

How Are Assets Divided In Uncontested Vs. Contested Divorce Cases In Alameda County, CA?

In California, the courts mandate that assets must be split 50-50 in a contested divorce. So, if a judge hands down an order in family court, you should expect to share half of all marital assets with the other party.

In most cases, the courts will sign off on agreements made through an uncontested divorce. In certain cases, however, should the court feel that an uncontested arrangement is excessively one-sided, it will summon you and the other party to make sure that this is an arrangement you have both agreed on.

What Should I Do If I Want An Uncontested Divorce But My Spouse Won’t Negotiate?

If you find yourself dealing with an uncooperative spouse, you and your attorney will have to approach the divorce as though it is contested. While this can be painful and even unexpected, there is no way to force your spouse to work with you.

Attorney Sandra Banks is a dedicated family law attorney serving California. For over 30 years, she’s helped clients just like you understand their rights and protect their interests in both contested and uncontested divorces.

Have questions, or in need of sound legal guidance? Get in touch with the Law Office of Sandra F. Banks at (510) 391-4142 for an initial consultation today.

In some cases, you may find that the other party is so angry about the divorce that they refuse to agree on anything and will not allow the process to move forward legally. In these cases, your attorney can make the court aware of your situation. The court, in turn, may order the other party to begin to pay your attorney’s fees, which often encourages them to reconsider their position and allow the divorce to move forward.

What Should I Do If I Feel Pressured To Agree To Uncontested Divorce Terms But Am Unsure If I’m Getting A Fair Deal?

If you are my client, I will make sure that you get a fair deal. I’ll be honest and upfront with you, make sure I understand your wants and concerns, and help you understand how any agreements you make will impact your future.

For example, if you haven’t worked much during the marriage and feel pressured to give up your retirement funds, I’ll advise you to hold onto these and stand firm. I’ll give you the support you need to say “no” when proposals will hurt your future and instead pursue a settlement that will support you for years to come.

Still Have Questions? Ready To Get Started?

For more information on Divorce In Alameda County, CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 391-4142 today.