Bakersfield Uncontested Dissolution Lawyers
Helping You Dissolve Your Marriage
If spouses agree on how to proceed with a divorce, they can utilize an uncontested dissolution to resolve the divorce process and end their marriage.
At Alternative Divorce Solutions, our Bakersfield uncontested dissolution attorneys help Californians file for uncontested divorces and develop divorce agreements that serve their best interests.
When Can I File for an Uncontested Dissolution in California?
You can file for an uncontested dissolution of your marriage (also often called a "default dissolution) if:
- You and your spouse agree on terms for the divorce and draft a divorce agreement signed by both parties laying out those terms; or
- You file for divorce, and your soon-to-be-ex fails to file a response (or you fail to respond to a divorce filed by your spouse).
People typically choose to file for an uncontested dissolution because they agree with their spouse on how to handle all divorce-related processes, including child custody and support, alimony, and property division.
How Does the Uncontested Dissolution Process Work?
To file for an uncontested dissolution, one party (the petitioner) files a petition for divorce with their county court.
The petition includes information about the petitioner, such as their income, tax returns, and any other data relevant to the divorce (whether children are involved, if one party requests alimony, etc.). The petition also includes the petitioner's proposed terms for the divorce. If the parties agree on how to proceed with the divorce and draft an agreement laying out those terms, the petitioner can include said agreement in their petition.
After the petitioner files the divorce forms, an adult not involved in the case must serve the other party (the respondent) with a notice of the divorce.
At this time, the respondent can choose to file a response. If the parties agree on how to proceed with the divorce, the respondent can choose to forego filing a response, and the court will utilize the agreement provided by the petitioner to finalize the dissolution.
However, if the respondent disagrees with the proposed terms for the divorce, they can file a response detailing alternative terms. At this stage, the parties may either choose to engage in a form of alternative dispute resolution (ADR) such as mediation to reach an agreement out of court or litigate their divorce in court.
If the parties disagree on terms for the divorce, it becomes a contested dissolution. However, a contested dissolution can transition into an uncontested dissolution if the parties successfully negotiate terms using mediation or another method of ADR.
In an uncontested dissolution where the parties provide the court with a divorce agreement, the court will assess the agreement to ensure it's equitable and follows state laws. If the court approves the agreement, a judge will sign it and issue a decree that finalizes the divorce.
Alternatively, if a respondent fails to file a response within 30 days of being served with a petition for divorce, the petitioner can request the court to move forward with the dissolution of the marriage.
At Alternative Divorce Solutions, we help couples draft comprehensive divorce agreements that enable both parties to thrive post-divorce.
“Thank you for all your knowledge, conscientiousness, and kindness.”- Beverly
“First and foremost, I found that I had a lot to learn about the divorce mediation process. I did not exactly know what the role of the mediator was or if we would still have to go to Court.”- Donald B.
“I was so stressed out before I went to ADS. Once I got there Lani sat with me and my husband and explained the whole mediation process. After I left I knew exactly what to expect and ADS lived up to my expectations.”- Giz S.