Contested Divorce is Not Your Only Option

On average, it takes up to a full year, or even longer, for a divorce case to work its way through the family court in California. Stories of divorces taking two years or longer are not all that unusual. But not every divorce has to be a long and expensive process.

If you and your spouse have reached agreement, we can help you finalize your divorce quickly, efficiently and inexpensively. But reaching agreement is only half the battle. There is a procedure that must be followed, financial disclosures that must be completed, and documents that must be properly prepared and submitted to the court for approval. And, this all needs to be done before your spouse changes his or her mind.

In an uncontested divorce, you and your spouse retain control of your lives and how your marriage ends. You decide what is equitable for both of you, from the family home and marital property to how best to parent your children. You and your spouse are better qualified to determine your plan for moving forward than some randomly assigned judge who would otherwise make orders in your case.

At the same time, uncontested divorces are much more than just filling in the blanks – divorcing spouses need to be protected far into the future, and if there are children, you need to ensure that their well-being is safeguarded as well. Even though a divorce can proceed as an uncontested case, it is still a life-impacting experience and should be handled by an experienced and knowledgeable attorney.

The Process

Once you and your spouse have reached agreement, we believe you should move through the process quickly. At the same time, not so quickly that you overlook crucial details that are important to the divorce process and your futures. A poorly drafted Judgment of Dissolution may cause serious problems down the road that could be difficult, if not impossible, to remedy. However, we work towards having you finished with our office no more than a month after we receive your intake questionnaire and professional services agreement.

In California, only one of the spouses hires an attorney to prepare the proper documents (an attorney cannot represent both sides in a divorce). The attorney then prepares the Petition for Dissolution, Summons, disclosures, the separation agreement and a handful of other documents that must be drafted and filed. The other spouse only needs to read and sign the documents, and may call the attorney with general questions (but must remember the attorney works for his or her spouse).

Once the Judgment is completed, you will submit it to the court for judicial review and approval. Depending on the county in which you reside, the review and approval process can take anywhere from four to eight weeks to complete. Keep in mind that some counties have a deadline towards the end of the year for Judgments that need to be completed by December 31 for tax and other purposes. In most cases, you never have to set foot in the courthouse or courtroom at all.

Uncontested Divorce Fee Schedule

• Basic Uncontested Divorce – $950

  For simple uncontested cases in which the parties do not have children, real property, businesses, retirement plans or other complex assets or issues to divide, we charge a $950 flat fee and the process takes about a month. Court fees, outside specialists and other costs are your responsibility. Other additional services and fees follow below.

• Expedited Service

  Our standard turnaround time for uncontested divorces is about a month. If you want faster service, we offer the following add-on options:

  • Two-week service: $150
  • One-week service: $300

• Minor Children – $150

  Minor children of the marriage require additional drafting and court documents, including a parenting plan, legal and physical custody provisions, and calculation of guideline California child support. An additional fee of $150 applies, regardless of the number of children.

• Real Property, Business or Prof. Practice – $100/each

  If you or your spouse own real property, whether residential or commercial buildings or land, or a business or professional practice, additional drafting is required and in some cases a new deed must be generated. An additional fee of $100 applies for each property, business or practice.
  

• Spousal Support – $100

  If you and your spouse agree to spousal support (alimony) payments, additional drafting is necessary to properly include the exact agreement. An additional fee of $100 applies.

• Retirement Plan Division – $100/each

  For each retirement plan that must be divided pursuant to a QDRO (Qualified Domestic Relations Order) or other court order, we charge an additional fee of $100 to oversee the drafting. These orders are prepared by an outside financial specialist, whom you will pay directly for the preparation services.

• Missing Spouse – $250

  If you cannot locate your spouse, you can obtain a default uncontested divorce provided you follow the proper steps with due diligence, and obtain court approval to serve your spouse by publication. An additional fee of $250 applies, plus costs and disbursements (e.g. cost to place ad).

• Changes/Revisions – $100

  Each time you request changes to your divorce agreement after you submit the intake questionnaire, or request changes to your financial disclosures after reviewing the first draft documents, a $100 fee will apply.

• Additional Consultations – $325/each

  Each additional office or telephone consultation with the attorney after the initial meeting will be charged at the rate of $325.

What is NOT Included:

Our fee for an uncontested divorce includes everything necessary to create a legal, enforceable separation agreement and Judgment of Dissolution for you and your spouse. However, our services do not include the following:

• Negotiation of the separation agreement
• Changes to the separation agreement such as adding or deleting items that were not included in your original request
• Preparation of any post-divorce documents, such as the preparation of a Qualified Domestic Relations Order (QDRO), although we do oversee the drafting and will approve the final order
• Drafting or filing motions at court or conducting discovery
• Change estate-planning documents or investments, although we do offer estate-planning services in addition to uncontested divorces
• Preparing for hearing or trial
• Filing or other court fees and outside costs

Call or contact us today to find out how easy it is to get started. We will provide you with the initial documents via email. Once you fill them out, return them to us and we’ll schedule the initial meeting to lay out your settlement agreement.