When both partners mutually agree to a divorce, they can opt to file for an uncontested divorce in California. They often agree on matters such as child custody/visitation, parenting plans, and asset division ahead of time, which contributes to an overall smoother process.
However, it’s important to note that a divorce is by all intents and purposes a lawsuit. This also applies to uncontested divorces, which will also trigger a cumbersome and counterintuitive process full of complex rules and technical jargon. In other words, uncontested divorces are smoother than traditional divorce proceedings, but they are still complicated legal affairs that require plenty of preparation beforehand. This post explores ways in which you can help prepare yourself for an upcoming uncontested divorce.
Adequate Legal Representation is a Must
Remember, attorneys are obligated to protect the interests of their client and are often mandated to fight aggressively on their behalf. This dynamic isn’t so clear cut when a couple opts to rely on a single attorney to navigate them through their uncontested divorce. In these cases, an attorney is unable to represent either party if a disagreement arises. Even if an attorney manages to find a global solution, things can quickly take a downward spiral if either spouse decides that they are no longer satisfied with any terms of the agreements.
This is why it is vital that both parties bring their own separate representation to the table. This minimizes complications in the long run, both for the clients and for the attorneys.
Collaborative Proceedings Require Separate Representation In CA.
Over the years, the courts have implemented a variety of collaborative proceedings to help divorcing couples find mutually-agreeable solutions and implement mutually-beneficial settlements on matters involving child custody/visitation, the division of assets, alimony, and more. Note that in California, divorcing couples are required to retain their own counsel before they can move forward with collaborative proceedings. Remember, even if you both see eye-to-eye on most issues, this could quickly change, especially as the complex legal system becomes involved and the terms of your divorce shift from from casual, open-ended discussions to legally-binding agreements.
Speak to a Qualified Divorce Attorney in CA
To conclude, there’s more than meets the eye to any uncontested divorce in California. Opting to proceed without your own attorney is not only short-sighted and reckless, it’s also outright not an option depending on your specific circumstances.
If you have any additional questions, and to schedule a free initial consultation with a reputable CA divorce attorney, feel free to call us at Rubin & Levavi, P. C. You can reach us at (949) 825-5245, where you can schedule a meeting with one of our experienced family law attorneys.