When a couple can agree on how to divide their assets, it is considered an uncontested divorce. When the couple disagrees on any part of the division of assets, it is a contested divorce. The level of disagreement in a contested divorce can vary significantly as every divorce presents different considerations that the couple must agree upon.
In an uncontested divorce, the couple generally comes to an agreement on how to divide their marital property and split the time and responsibility of their children. An amicable and uncontested divorce is typically the simplest and most cost-effective type of divorce. It’s important to remember, however, that divorce proceedings can be complex legal issues and even the most uncomplicated of marriages can come with their challenges.
An uncontested divorce settlement involves intricacies such as whether children are involved, the length of the marriage, the couple’s income, the source of that income, and whether or not there is animosity between the two. Even in the case that you and your spouse are able to agree on all these matters, an uncontested divorce may not be in your best interest.
As the relations between spouses can and often do become volatile during divorce proceedings, disagreements may arise and extend the length of the process. In a contested divorce, it is imperative that you seek the legal counsel of a knowledgeable attorney to ensure that your divorce settlement is fair and considers your wishes.
How Long Does a Divorce Take in California?
The divorce process takes a minimum of 6 months from the date the person that is filing for divorce officially lets his or her spouse know about the divorce. The case may take longer than 6 months (particularly in the case of a heavily contested divorce) but it cannot be faster than 6 months. This is a mandatory waiting period required by California state law stating that no couple can be divorced in less than 6 months time.
How Much Does a Divorce Cost in California?
The national average for the cost of a divorce is about $15,000 but the California average is about $17,500. While the filing fee may only cost $435, you may end up in a court battle which can cost tens or even hundreds of thousands of dollars.
There is no way to tell how much a divorce is going to cost but knowing that there are a number of factors that go into calculating the cost can greatly enhance your ability to estimate the cost. Those factors include:
- Whether the divorce is contested or uncontested
- If children are involved
- What divorce method you have chosen