Asked in Divorce and Family Law for California

Q: Is it possible to have a divorce without going through trials or hearings?

There are no disputes between me and my spouse when it comes to divorce since everything is settled between us. We just want the most seamless process possible. Can a divorce proceed without having any trials or hearings? Also, is an uncontested divorce the same as a default divorce?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: In California, a divorce can proceed without trials or hearings if it's an uncontested divorce, where both parties agree on all aspects of the divorce, including property division, spousal support, and if applicable, child custody and support. This type of divorce is often more streamlined and can be finalized through paperwork without a court appearance.

An uncontested divorce is different from a default divorce. In a default divorce, one spouse does not respond to the divorce petition, and the divorce is granted by default. In both cases, if the paperwork is properly completed and all legal requirements are met, a judge can finalize the divorce without a trial or hearing. It’s important to ensure all legal documents are accurately completed and filed to facilitate a smooth process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.