Watch this quick video to learn more about the difference between a California default, uncontested, and contested divorce. Read our latest blog article on the topic here:
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In this video, I am going to discuss the difference between a California default uncontested and contested divorce.
The spouse that files for divorce is referred to as the petitioner, and the spouse that receives notice that a divorce petition has been filed is referred to as the respondent. So, a true default divorce occurs when the respondent chooses not to respond to the divorce petition, which is form FL 120.
In a true default case, the respondent gives up his or her right to contest any requests the petitioner makes. So, the key thing here is the respondent gives up his or her right to request a trial. Meaning, if the petitioner requested for spousal support in their petition for dissolution, the respondent fails to provide a response within the statutory time. The respondent cannot request a trial to litigate issues regarding spousal support if they fail to provide a response. So, in essence, the point is mute once it becomes a final judgment.
In a default divorce, if the respondent fails to provide a response within the statutory time, the petition can do one or two things. The first thing the petitioner can do is proceed and obtain a default divorce judgment. The second thing the petitioner can do is reach an agreement with the respondent, and both parties can enter into a marital settlement agreement, also referred to as an MSA, which details how they're going to divide debts, child custody, spousal support issues. Now, if you do go this route, definitely have it reviewed by independent counsel before having get signed in front of a notary.
So, next we're going to talk about an uncontested divorce. An uncontested divorce occurs when the respondent does file FL 120 within the 30 days. This allows both parties to come to the table, discuss any issues they might have and reach a resolution. Once they reach that resolution, they could draft a marital settlement agreement and have it incorporated or attached to their final judgment to be submitted to the court for the judge's approval.
The final divorce type is what we call a contested divorce. So, a contested divorce occurs when both parties cannot agree to one of the following in a divorce. So, they're either not agreeing to spousal support, child custody, the division of retirement, assets and debts. Try to resolve any issues you have with your spouse before litigating a matter. Consider mediation at all costs. The litigating is expensive, and oftentimes both parties are never satisfied with the judge's decision. Stay out of court as much as possible.
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Disclaimer! The contents of this video provides a general overview on the different types of California divorce. The material in this video are for educational purposes only and does not constitute legal advice. Consult with an attorney to obtain legal advice about your divorce.
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