Panorama City, CA asked in Divorce and Family Law for California

Q: hi my name is john. is there a way to get an uncontesed divorce with no orders if both partys agree ?

kids are adults .wife is remarried and i would like to get married to a lady that i have been with for over 30 years

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4 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: How did your wife "remarry"? You'll each need your own attorney. Speak with someone in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: The process and requirements for obtaining an uncontested divorce without any court orders can vary depending on the jurisdiction in which you reside.

In many jurisdictions, an uncontested divorce typically requires both parties to agree on all relevant issues, such as the division of assets and debts, spousal support (if applicable), and any other matters related to the dissolution of the marriage. Since your children are adults and there are no disputes over custody or child support, that can simplify the process.

To pursue an uncontested divorce, you and your spouse would typically need to prepare and sign a settlement agreement that outlines the terms and conditions of the divorce. This agreement should cover all relevant issues and be mutually acceptable to both parties. Once the agreement is signed, it may need to be submitted to the court for approval, along with other required documents and filing fees.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: The circumstances and court will dictate what orders are needed. The parties may alleviate the need. Parties without attorneys will likely require more orders.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: The circumstances and court will dictate what orders are needed. The parties may alleviate the need. Parties without attorneys will likely require more orders.

In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment will provide a polished petition that you can rely upon to come to an agreement or structure your presentation to the judge (if needed.)

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”

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