An uncontested dissolution of marriage (divorce) is when the parties agree on every issue (including child custody and visitation, child support, spousal support, division of assets and debts, etc.), and do not need the Court to make determinations on the issue. All terms of the parties’ agreement are then set forth in a Marital Settlement Agreement or Stipulated Judgment, which is filed with the Superior Court.
Read moreMust a husband and wife live apart in separate households when a divorce complaint is filed?
No, it is not required that a husband-and-wife live apart in separate households, when a divorce complaint is filed. But continuing to reside together can affect the date of separation which is the date at which most community assets and debts will be divided. It is very difficult for either party to live separately after filing a dissolution of action due to financial constraints and Custody issues. Your attorney can help you determine the best course of action is for you.
If you have any questions about spousal support or need legal advice in the family law realm, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County California.
This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.
Will I have to go to Court at any time during my divorce?
The answer is, it depends. If the parties come to an agreement on all of the issues, No, you will not need to appear in court. Your attorney can prepare a stipulated order, everyone can sign it and it can be filed and made an order of the court, without a court appearance. However, If there are any disputed issues, in other words, if you and the other party do not agree on every issue, then yes, it is likely that You will need to make a court appearance at the hearing. You will need to present your case before Judge, and you will need to testify about the facts surrounding the issues that the parties are disagreeing about. This way the court can hear all of the issues and make a ruling on your matter.
If you have any questions, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811. As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 27 years in Orange County California.
This website is provided as a resource for general information for the public. The information on these web pages is not intended to serve as legal advice or as a guarantee, warranty or prediction regarding the outcome of any particular legal matter. The information on these web pages is subject to change at any time and may be incomplete and/or may contain errors. You should not rely on these pages without first consulting a qualified attorney.