July 22nd, 2017
Uncontested divorces, or divorces without litigation, can be cost and time efficient and save you a lot of stress. An uncontested divorce is the perfect solution for two parties that are ready to move forward with their lives, do not hold bitter feelings towards one another and are willing to listen to sound logical advice with the big picture in mind.
In this blog we will discuss the common issues that occur in uncontested divorces and how your San Diego divorce lawyer at Dunne & Dunne can help you to navigate this process.
Resolving child custody in an uncontested divorce can lead to a path of peace for the entire family, putting less stress on your children during this difficult time. Both parents should meet and determine the best schedule for each party to have custody of the child or children. California family law favors joint legal and physical custody of children in a divorce.
Child support in California is easily determine by calculations using guideline factors so there is no reason for a husband and wife who want to have an uncontested divorce to argue over amounts to be paid by either party. In addition to the amount of child support dictated by the guideline, you should discuss who will be responsible for health insurance, medical and dental expenses, child care costs, and expenses of extracurricular activities.
Spousal support is not as cut and dry as child support is in the state of California. While income does factor in there is also reliance on Family Code 4320 which requires a full evaluation that is not amenable to an uncontested divorce. So, what is the best way to determine spousal support? Your San Diego divorce lawyer at Dunne & Dunne can help you determine a fair amount that you and your spouse can agree upon.
Property division in an uncontested divorce often depends on the income class of the family. Homes, cars, bank accounts, and 401K’s can be verified by straightforward sources. Properties are often split by one party buying out the other or the property being sold. Cars are most often split by giving one to each party. If one car is more valuable than the other an equalization payment can be made. Bank accounts are usually divided as of the date of separation less any payments made after the separation toward community debts or expenses. 401K’s can be more complicated, going through a qualified domestic relations order, a process you can be guided through by your San Diego divorce lawyer.
Uncontested divorces are one of the simplest ways to end your marriage but there are still many intricacies. Your Dunne & Dunne San Diego divorce lawyer can guide you through the process ensuring the process moves quickly and help you keep stress levels low so the amicable nature of your relationship with your spouse continues through the finalization of your divorce. Contact us today for a free evaluation.