Uncontested Divorce in California. How Long, What Cost and Process? Uncontested divorce in California can be quick in length, efficient in cost and far less stressful than the contested counterpart. Yes, you can settle your case. Yes, an uncontested divorce can work. Yes, it will save you time, money and stress. Just the fact you are reading this page is a credit to you.
The only “right” answer is “whenever it feels right, as long as you’re not hurting anybody else.” The thing is: you might be surprised when you’re hurting. In this article we will look at life after divorce to explain how to experience less trauma and emerge from it with a spirit of wisdom and positive renewal.
You want to get your divorce case resolved without litigation. We agree. Anytime you can avoid the court process, save time, money and stress and still get a fair result, you are on the right track. We promise you this detailed look at the uncontested divorce process in California will not disappoint you. We hope you enjoy it although nothing in this article is intended as legal advice and it is not a substitute for advice from an experienced California divorce lawyer regarding your specific facts.
You are going to have questions. That is normal. It would be weird if you didn’t. To contact us, fill out the form at the end of this guide or call us for an affordable strategy session at (7.
- 10 Things You Should Know About Child Support. Child support All dependent children have a legal right to be financially supported by their parents.
- A divorce can't be finalized until the Judge signs the decree. Learn about your state's rules on how quickly this can be done.
- Things You Should Know about Protective Orders. THINGS YOU SHOULD KNOW ABOUT PROTECTIVE ORDERS. IN AN EMERGENCY CALL: 911. NOTE: This article is intended to provide.
Home > Genealogy > Cousins > Dating Can Cousins Date, Marry or Have Children? A number of people ask me that question after reading my page about cousins, which.
We have three offices in Orange County – in Newport Beach, Mission Viejo and Santa Ana. A little introduction. It is difficult in serious domestic violence or child abuse cases or those where one spouse is hiding assets or diverting income. Also, if you are divorcing a narcissist wife, a narcissistic husband, or dealing with a parent who is alienating the children from you, an uncontested divorce may be more challenging.
Now, let’s get to it. No other area of divorce can get more contested and emotionally volatile than child custody.
Parents also stress about the best time to divorce with kids and generally need to get that resolved among themselves before talking with the children about divorce. The best way to resolve child custody cases is for the parents to first meet and confer together and determine what schedule allows both of them to enjoy frequent and regular contact with the children. Because California family law favors joint legal and joint physical custody arrangements, the settlement process regarding custody should start with that in mind. Fathers especially should keep this in mind because dads tend to think there is an inherent gender bias in child custody cases when there is not.
Fathers should be mindful of their rights, not just for their benefit but for the benefit of the children. Regardless of whether you are a father or mother, no parent who wants what is best for his or her children will attempt to limit the other parent’s time with the kids when he or she knows the other parent is not a risk to the children’s health, safety or general welfare. The parents should look at the following issues after having an opportunity to review, with their respective lawyers, the Orange County parenting guidelines. Child custody cases are best resolved through an uncontested divorce so long as the settlement is consistent with the children’s best interest. Even if you do not live in Orange County, the parenting guidelines can be a very valuable source of information concerning different custodial arrangements that offer advantages to specific factual situations.
The issues that parents should discuss include but are not limited to: 1. Each parent’s work schedule or outside- home commitments and what impact that has on time with the children. The children’s school and extracurricular activity schedule. The distance the parents intend to live apart from each other and what impact that will have on pick up, drop off, both to and from home, school and activities. This is usually part of the same discussion about which parent is going to move out as a result of the divorce. What the status quo has been for the parents before separation and how much of that can or should be maintained going forward, if consistent with the children’s best interest.
Any concerns related to the children’s health, including any special needs the children may have in this regard. An evaluation of the children’s educational goals and status. For example: Will the children attend public or private school? If private school, will that cost be divided or factored into the support calculation? Do the parents anticipate the children to remain at the same school for a number of years or is there a transition coming and what impact that transition will have on the custodial arrangement, if any? How will responsibilities such as assistance with homework be delegated and divided between the parents and how will communication take place related to both studies and school activities between the parents? An evaluation of child custody holiday schedules as well as special days, such as birthdays, in the overall custody schedule.
The level of flexibility the schedule will have pursuant to the parent’s mutual agreement to modify it. How much say older children (children over the age of 1. In an uncontested divorce, parents should also speak about the following and try to come to a consensus. Participation in religious activities. Beginning or ending any mental health counseling or therapy including psychological or psychiatric care.
Selecting a doctor, dentist or other healthcare provider, except in emergency situations where a parent needs to act immediately to protect the child’s health. Dating Multiple. Out of state or out of country travel and what restrictions will be placed on it.
It is wise to talk about vacation time and how much notice is required, especially if the child is going to be taken on vacation on the other parent’s time. If that happens, priority should be set in even versus odd years for each parent.
If either parent is going to have any special decision- making authority because they are in a much better position to make decisions, this should be specifically stated. This sometimes happens related to school or medical decisions. The parents should discuss notice to the other in the event the child needs any examination or treatment under one parent’s watch. This is especially true if the child needs specific medication that has been prescribed. The parents should ensure that each of them are designated as the contact person at the child’s school in the event of an emergency. It goes without saying but neither parent should be able to change the child’s last name without the consent of the other parent or a court order and the child’s legal name should always be used on all medical school or related records. If there is going to be specific restrictions regarding issues such as drinking alcohol or smoking cigarettes around the child, those should be laid out.
The typical order states the child shall not be exposed to secondhand smoke and neither parent shall drink alcohol during their visitation with the child or within 1. Uncontested divorce in California and child support. If you and/or your spouse are W- 2 employees and your wages and salary are easily computed by looking at pay stubs, child support should be the easy.
There is virtually no reason for there to be a child- support dispute between you and your spouse in such a situation unless there is a great difference of opinion regarding the parenting time each of you has with the children or you are embroiled in a custody battle. Child support in California is simply calculated using guideline factors which are made simple for parents, lawyers and judges through the use of computer programs designed to compute the guideline factor. These computer programs act as a child support calculator and provide the parents an exact child support number. In addition to the guideline amount, an uncontested divorce should also include: the division of uninsured medical, dental and other health- care expenses,a clear statement about the parent or parents taking responsibility for providing health insurance coverage for the children, including payment of premiums,division of employment related child care costs including verifying the dollar amount of the child care and the identity of the child care provider, andpayment of non- childcare related expenses such as extracurricular activities, private school tuition or extraordinary expenses related to special needs of the children.
Some of the provisions are mandatory and the court must provide for them in the child support order. These include, as two examples, maintenance of health insurance as well as payment of uninsured medical and healthcare expenses. It may be better not to rely on the “minimum” necessary but bring clarity to such an order for expenses you reasonably know or should know will be incurred. How do the parents get to the point of settling child support in an uncontested California divorce? It is best that parents exchange completed income and expense declarations which include, at a minimum, the previous two months of pay stubs. We would prefer the parents exchange at least 1. Parenting time can be difficult to calculate in terms of percentages.
However, our experienced divorce lawyers can assist you with that as we have specific tables and charts that we use to determine what your custodial schedule of the children amounts to in terms of “percentages of time” for child support purposes. Other factors the parents should specifically discuss is what will happen with the child dependency exemption and child tax credit. We have written an article on this subject about IRS Form 8. Please read it to become more aware of how do you can control the dependency exemption and tax credit each year by your agreement and by completion of the proper IRS forms. Child support’s duration is set by California statute although parents are free to extend child support beyond the court’s jurisdiction.
Child support typically lasts until your child is 1. If your child is 1. High School or reaches the age of 1. If the parents extend child support beyond that, they should do so with retention of an experienced lawyer in child support matters to ensure proper language is drafted. Is there such a thing as unmodifiable child support and can we agree to it?