Alameda Uncontested Divorce
Hiring an uncontested divorce lawyer can help you avoid going to court and retain control over the outcome of your divorce. Unlike a contested divorce which is decided by a judge, a California uncontested divorce allows you to settle all of your marital estate issues with your partner. You can decide the best child custody and visitation plan for your family, the amount of child support that will be paid (must be above guideline support), and how your assets and debts will be divded.
Below is an overview of the Alameda uncontested divorce process and how SD Esquire can help. Take our California Uncontested Divorce eCourse before you start the divorce process. Read on to learn more.
What is a Alameda Uncontested Divorce?
An Alameda uncontested divorce occurs when both spouses are in agreement on how the marital estate will be divded and have settled all custody and support issues. An uncontested divorce essentially means there are no issues for a judge to decide. You can enter into a marital settlement agreement with your spouse and file it along with final judgment forms with the court to terminate your marriage.
- Child Custody – Work with your spouse out of court to reach a child custody agreement. You can agree for both parents to share legal and physical custody and carve out specific visitation schedules that fit your family needs. Review our California Child Custody Frequently Asked Questions to gain more insight as to how child custody matters can be resolved outside of court. If you are unable to reach an agreement with your spouse (contested divorce), the matter will be settled by a judge that will make a child custody order that is in the best interest of your child.
- Child Support – Once you reach an agreement in principal on child custody, our attorney can prepare a guideline child support calculation. You and your spouse must at least pay the guideline amount of support. You can negotiate a higher amount if needed.
- Spousal Support – Your spouse may be seeking spousal support (alimony) upon dissolution of marriage. If you retain our service, our attorney can prepare a spousal support calculation to incorporate into your marital settlement agreement. You can also forgo spousal support payments in lieu of a better property/asset division with your spouse in which you may not be entitled to.
- Property Division – California is a no-fault divorce state. This means that you can file for divorce for “irreconcilable differences.” As a community property state, assets and debts must be equally divided between divorcing parties. You can reach and equitable distribution with a monetary offset as part of your marital settlement agreement. Talk to an uncontested divorce attorney to find out how marital property is divided in a divorce.
California Uncontested Divorce Residency Requirements
You must meet California’s divorce residency requirements to file an uncontested divorce in Alameda. This requires you or your spouse to have lived in California for at least six months before filing for divorce (includes livivng in Alameda County for at least three-months before filing). File for legal separation if you do not meet the residency requirements. Once the residency requirement is satisfied, amend the petition to terminate marital status.
Alameda Superior Court Divorce Location
Your uncontested divorce will be filed at the Hayward Hall of Justice. It is located at 24405 Amador Street
Hayward, CA 94544. The Clerk’s Office hours are from 10:00 am to 2:00 pm. If your divorce is uncontested, you can work with our California divorce attorney and avoid making court apperances. Our uncontested divorce lawyer can prepare the forms you need to file for divorce, prepare and serve your financial disclosure, and draft a marital settlement agreement or default divorce judgment forms.
Alameda County Uncontested Divorce Process
The following forms need to be completed to start the divorce process in Alameda:
- FL 100 — here is a video on how to prepare FL 100.
- FL 110 — here is a video on how to prepare FL 110.
If you have minor children, you will need to complete the following forms:
- FL 311 — here is a video on how to prepare FL 311.
- FL 105 — here is a video on how to prepare FL 105 — this form is to be completed if you have children.
After the applicable forms above are filed with the local court, they will have to be served on your spouse along with your preliminary financial disclosure documents and the proposed judgment. An uncontested divorce in which both parties enter into a marital settlement agreement will require the parties to both complete a preliminary disclosure.
SD Esquire Flat Fee Divorce Service
SD Esquire provides flat fee uncontested divorce services. We will prepare the legal documents you need to file for and complete your divorce. This includes preparing and filling your divorce petition, completing your financial disclsoures, and drafting your marital settlement agreement (MSA). Our uncontested flat fee divorce service starts at $1500 for ssummary dissolution (you are responsible for paying court filling fees). The fee also includes service of process fees. You can make installment payments as your case progresses. It costs $500 to start your matter. Sign up today to get started.