Do you have an uncontested divorce in Irvine?
Before you decide to file here are a few things you need to know. Is your divorce a contested or uncontested divorce? An uncontested divorce in Irvine is a lot easier to do then a contested divorce. Either way to file for a divorce in California one of the two parties has to show proof of residence for at least six months. The filing also needs to be done in the specific county that one of the parties to the divorce lives when the divorce is filed.
An uncontested divorce still requires filing a number of forms with the court. Most often the forms can be filled out by you since it is a lot easier when both parties are an agreement. However, some may still choose to hire a legal document assistant or an attorney in case later down the line the uncontested turns into a contested divorce. Usually the first step is to fill out Petition for Dissolution of Marriage (form FL-100), Summons (form Fl-110), Family Law Declaration Regarding Related Cases (form L1120) and finally if you have any children you will have to fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). The other type of divorce is called a Summary dissolution. If a couple is married less than 5 years, have no children, do not owe much and agree on how they will divide up their assets and debts than they can file for a Summary Dissolution. This distinction is very important to know in order to save you time and money. Most couples disagree on child support and spousal support. If these are some of the issues a couple has when filing for a divorce a legal document assistant and or attorney would be best.
Unfortunately, as mentioned above some divorce cases that are uncontested become contested when child support or supposal support issues arise. Child support in California is when a party during the divorce process seeks monetary support for the child or for expenses. The court will review both parent’s monthly income and the amount of time the child spends with each parent.
The court will look at the income of each party which includes amongst other things:
1) income from a job,
2) rental income and
3) unemployment benefits.
Spousal support is when one party during the divorce process seeks monetary support. The court will review different facts to determine if someone is eligible per Code Section 4320, such as
1) if the earning capacity of each person is enough to allow the standard of living established during the marriage,
2) what did the supporting party contribute to fulfilling the other party’s education, training, a career position, or a license by the supporting person and
3) if the person who is supporting the other party can pay spousal support.
Regardless of an uncontested or contested divorce it is very important to familiarize yourself with the divorce process or seek legal assistance to answer your questions on how to proceed. Sometimes it’s best to hire an uncontested divorce paralegal near you or an attorney if your uncontested divorce in Irvine becomes contested.