-California’s uncontested divorce process is designed to simplify divorce for couples who agree on the terms of their divorce. Overall, the process helps reduce the stress, emotions, and conflicts that can arise during a contested divorce.
“So, why are there so many forms if we agree to everything?” The Legal Document Assistants (LDA) from We Help You Legal can help clear up confusion. We Help You Legal assists couples in completing the legal documents for an uncontested divorce in San Luis Obispo County.
California’s family law focuses on thorough information to support fairness, and collecting that information on specific documents ensures that everyone’s rights are protected. Every correctly completed form meets a statutory requirement for matters such as finances, spousal support, child support, and related matters, property division, and residency requirements.
The forms collect important information that the court needs to finalize the divorce, and include documentation for:
- The petition for dissolution, and proof that the appropriate spouses have been served or notified of service. The court determines that all initial forms are correct, filed with the court, and served according to the law. These determinations prevent misunderstandings, confusion, and delays.
- Financial disclosures completed and exchanged by both parties.
- Detailing the agreed-upon settlement, known as the Marital Settlement Agreement.
- Child support, custody, and visitation.
- Spousal support.
- Finalizing the divorce.
Financial disclosures
Both parties must accurately and fully exchange financial information that includes income, expenses, assets, and debts. Financial disclosure forms are filed with the court and confirm that this information was exchanged.
California is a community property state, meaning that all assets and debts incurred during the marriage are equally shared by both spouses. Financial disclosures help the court make sure that financial agreements between the spouses are fair, especially as related to child and spousal support.
Marital settlement agreement
The Marital Settlement Agreement (MSA) details all of the mutually agreed-upon terms. This is the document the divorcing couple uses to explain which agreements were reached and why.
The MSA includes an equal division of community assets and debts. It may also itemize each party’s personal property. It also includes the couple’s plan for child custody and visitation, spousal support, and the request for final judgment (Stipulation for Judgment).
Child custody and visitation
Also known as a parenting plan, the court reviews this plan with the best interest of the children in mind. The review includes:
- Verifying a detailed plan of custody and visitation is included.
- Child support calculations adhere to California guidelines, and necessary details such as medical insurance are provided.
Spousal support
If spousal support is requested, the court reviews the terms of the agreement. The amount, duration, and conditions of support are considered along with factors such as the length of the marriage, and the ages, and the earning capacity of each spouse.
Finalizing the divorce
A final judgment, granting the divorce, is entered six months from the date the responding partner was served with the initial divorce petition.
Legal document assistance
We Help You Legal has been assisting people with a variety of matters, including divorce, from its San Luis Obispo and Paso Robles offices for over two decades. We specialize in Living Trust, Divorce, LLC/Corporation, and other legal document matters. Services include:
- Living Trusts and estate planning.
- Adoptions.
- Custody issues.
- Guardianships.
- Name changes.
- Landlord/tenant issues.
- Notary services, and more.
We Help You Legal is a “self-help” legal document assistance company that provides document preparation without the high cost of an attorney. We Help You Legal, Inc. is not a law firm. We cannot represent you in court, advise you about your legal rights or the law, or select forms for you.
However, we can direct you to the appropriate court websites or addresses to obtain court forms. We are happy to assist you with completing them and making sure filing deadlines are met.
