Thursday, August 2, 2007

Filing An Uncontested Divorce

Custody information and divorce help provided by an experienced family law and divorce attorney serving the Temecula, Murrieta, and Hemet areas of Riverside County, California.

Dear Famularo & Associates:
I'm in the final stage of my divorce. The only form that I need my soon-to-be ex wife to sign is marital settlement agreement. I been having a hard time trying to get a hold of her, because she has moved out of state before the divorce is final. What are my options? Thank you.
--Oscar from Murrieta

Dear Oscar,
You always only have two otions when you are trying to finalize a divorce: settle or litigate. In your case, settlement is possible if you can contact your wife and she is still willing to cooperate. If, however, you can no longer find your wife, you have to set the case for trial and go before the judge at the Hemet courthouse to get him to divide your property, order support, order custody and visitation, and grant your divorce.
--Famularo & Associates

Dear Famularo & Associates:
The divorce papers have been filed by my spouse and the default packet was filed because I did not respond in the 30 days. My question is if the divorce is uncontested and we are not fighting over anything; no property, no kids; I mean nothing. The default packet was filled on the 3rd of August how long will I take for the divorce to be finalized and is there a way to speed the process up? How long does a divorce take? Is is possible to have an uncontested divorce without having to go to court?
--Adam from Hemet

Dear Adam:

I am very concerned for you. You indicate that a default has been entered and you have not filed a Response to the divorce, but you have not said whether or not a divorce judgment has been signed. If no, it will take quite some time for your divorce to be final. More importantly, your ex can go into court and ask for any orders she chooses. Just because you don't think there is anything to fight about, doesn't mean she will not try to get a divorce judgment which is unfair.

If on the other hand, the two have you have agreed on all issues and you have signed the judgment, it will take about four to six weeks for the judge to sign your divorce judgment. However, there is still a waiting period in California and your divorce judgment will not be final until the six month waiting period has run.

-- Famularo & Associates

If you live in the Temecula, Murrieta, Hemet or Riverside areas of Riverside County, California and have any questions about obtaining custody rights or if you need divorce information, please feel free to contact our office to set up an appointment with a family law lawyer at: (951) 816-9543.

Please visit our websites for more family law information: Family Lawyer in Temecula, Temecula Divorce Lawyer, Riverside County Family Law