Contested Divorce: A contested divorce is where one party has filed a Petition for divorce to begin the case. The other party then files a Response with the court objecting what was asked for in the divorce Petition.
Example PLEASE. You want spousal and child support, so you request this in your Petition filed with the court. Spouse 2 disagrees with this and doesn't believe that is necessary, so they file a response indicating that they do not agree.
In a contested divorce proceeding, neither party is in agreement and the only resolution that can be made is from a judge in a court trial or hearing. A contested divorce is the scary divorce you see in the movies, that costs thousands of dollars and loads of time to go through. Why? Typically because the parties seek legal representation through attorneys. However, it definitely is possible for an individual to be self-represented in certain contested proceedings.
Uncontested Divorce: An uncontested divorce process where the parties are amicable and agree to the terms of the divorce documentation. This being an uncontested proceeding, there is not response filed.
With an uncontested divorce, you are able to avoid attorneys fees, which makes the entire process very inexpensive and easy. Most importantly, in an uncontested divorce: both parties avoid speaking to a judge as the entire process is handled with paperwork filed with the court.
How to file an uncontested Divorce in California
Luckily there are several options to consider while preparing to file for a divorce.
1) There are self-help services which you can seek to actually prepare the documentation yourself. (Note: There is a specific order in which documents are filed, as well as a timeline)
2) A document preparation service, document preparer, or an attorney. Studio Green Divorce was formed by individuals who were of service to attorneys and document preparation services all over Ventura County, as experienced individuals who have assisted thousands of individuals/couples get through the California divorce process, we look forward to successfully assisting you as well.
Specially from California's rules and statues of the court, the process of an uncontested divorce are:
File the Petition. In order to do so, a court filing fee will be due. Once the court receives proper Petition documentation and the court filing fee, a case number will be issued. Following documentation in regards to your case will be in reference to this case number.