Uncontested Divorce:
Divorce is a significant life event, often accompanied by stress, emotional strain, and financial concerns. However, it doesn’t always have to be a drawn-out and adversarial process. An uncontested divorce, where both spouses agree on the terms of their separation, can offer a smoother, quicker, and more cost-effective alternative. While it might seem straightforward, hiring an experienced divorce lawyer can provide crucial benefits, helping to navigate the legal process efficiently and avoiding potential pitfalls.
Our flat-fee family law services in Sacramento start at $1,500 plus court costs, offering an affordable path forward.
Professional legal guidance helps you:
As your attorney, we handle all of the following based on the agreement between you and your spouse:
Possible Limitations: Our flat-fee service covers straightforward uncontested divorces. If complex financial arrangements, property disputes, or other complications arise, additional fees may apply. We will always discuss this upfront to maintain transparency. We are not able to accept all cases.
Download our consultation preparation checklist to help you understand the process and what you'll need for an intake appointment.
After consultation and formation of an attorney-client relationship, you will complete online intake forms, gather supporting documents (think w-2s, tax returns, bank statements) and upload them to our secure portal. A detailed list of documents will be provided to you in our secure portal once we've completed your intake review.
We review your documentation and complete the court forms and Marital Settlement Agreement. Once completed, we provide them to you via our secure portal for your review and e-signature. You will provide an e-signature on the Marital Settlement Agreement, and we will arrange for a mobile notary to notarize your spouse's signature, so you never need to leave your house!
After you sign all documents, have your spouse sign and notarize the Marital Settlement Agreement (with a mobile notary arranged by us at no cost to you), and pay the necessary court fees, we will file your case with the appropriate court.
We serve your spouse with notice of the court case. In this instance, your spouse agrees with the terms of the documents we filed and does not file their own reply with the court. Approximately 31 days after we serve your spouse with the documents, we file for a judgment.
After you receive your judgment, California law requires a six month waiting period before your divorce becomes final. You don't need to do anything else during this stage. Congratulations!
While an uncontested divorce is generally less expensive than a contested one, there are still costs to consider. In the Sacramento area, we offer flat-fee packages, providing predictability and eliminating concerns about escalating costs.
$1,500 to $6,000: Prices range from the lower end, which typically applies to simpler cases with no children or significant assets, to the higher end for more complex situations. These could include cases involving child custody arrangements, spousal support, or high-value assets.
Case Complexity: More complex cases involving children, support arrangements, or significant assets generally fall on the higher end of the range.
Service Scope: Price estimates on our website include the cost of legal fees for drafting and filing your court forms, listing our firm as your attorney on court filings, drafting and managing the signing process of a Marital Settlement Agreement (if necessary), managing court deadlines, and filing your final judgment.
Filing Fees: Standard court filing fees in California are around $435, a separate expense. Most courts also charge a separate fee for payment processing. From our experience, the average payment processing fee for a divorce case is about $35.
Flat-fee arrangements offer several benefits, primarily cost predictability. Unlike hourly billing, where fees can rise unpredictably based on the time spent on the case, a flat fee ensures that standard services like drafting and filing the required documents are covered. This enables clients to budget effectively and avoid surprise legal expenses. By opting for a flat fee, you are essentially paying for an outcome—a finalized divorce—rather than for the time it takes to get there.
Divorce is a significant life event, often accompanied by stress, emotional strain, and financial concerns. However, it doesn’t always have to be a drawn-out and adversarial process. An uncontested divorce, where both spouses agree on the terms of their separation, can offer a smoother, quicker, and more cost-effective alternative. While it might seem straightforward, hiring an experienced attorney for an uncontested divorce can provide crucial benefits, helping to navigate the legal process efficiently and avoiding potential pitfalls. Below, we explore the advantages of uncontested divorces, typical costs, and how a lawyer can streamline the experience.
An uncontested divorce is one where both parties have mutually agreed on all key issues, such as:
- Property division
- Child custody and visitation
- Child support
- Spousal support (alimony)
- Debt distribution
Since there is no dispute over these terms, the couple can proceed with filing the necessary paperwork without needing mediation or litigation. This makes the divorce process less time-consuming, less expensive, and less stressful compared to contested divorces. Learn more about uncontested divorce services available through our Roseville office.
The process starts when one spouse (the petitioner) files a Petition for Dissolution of Marriage (FL-100) along with a Summons (FL-110). The petitioner must serve these documents to the other spouse (the respondent), who can either file a Response (FL-120) or allow the case to proceed by default.
Both parties must agree on the terms of their separation, which should include property division, child custody, and any support arrangements. The non-responding party (your spouse) must have their signature notarized on the Marital Settlement Agreement. Having a lawyer draft the Marital Settlement Agreement ensures that the agreement is comprehensive and enforceable.
Both spouses must complete financial disclosure forms, such as the Income and Expense Declaration (FL-150) and Schedule of Assets and Debts (FL-142), to ensure transparency. Accurate disclosure is essential, as failing to disclose financial information can lead to penalties.
After all documents are prepared and agreements are reached, the final paperwork, including the Judgment (FL-180), is submitted to the court. If everything is correctly completed, the judge will issue a final judgment, dissolving the marriage. The process can be completed in as little as 45 days, with the six-month waiting period as the final step.
One of the main reasons for delays in divorce proceedings is incorrectly filed paperwork. In California, this can involve forms such as the Petition for Dissolution of Marriage (FL-100), Summons (FL-110), Income and Expense Declaration (FL-150), and Marital Settlement Agreement. Mistakes on these forms can lead to significant delays, as courts may require corrections, resulting in multiple re-filings and extra fees. Each correction might cost anywhere from $20 to $85, and a dismissed case could mean a full re-filing fee of $435.
By hiring an experienced Sacramento divorce attorney, you reduce the risk of such errors. Lawyers ensure that all documents are completed accurately the first time, avoiding the extra costs and delays associated with corrections. This can be especially valuable given that California courts are currently facing backlogs, where any mistakes could mean a prolonged waiting period before your case is reviewed.
Even in an uncontested divorce, there are several procedural steps to complete. Missing a deadline or failing to serve paperwork correctly can stall your case for weeks or months. According to a LegalMatch study, cases handled by attorneys tend to resolve up to 30% faster than those where individuals proceed without legal representation. This is because lawyers are familiar with court procedures and can ensure all requirements are met promptly.
For uncontested divorces, where couples have already reached an agreement, the process can be completed in as little as 45 days if the paperwork is filed correctly. The mandatory six-month waiting period, as stipulated under California Family Code § 2339(a), ensures that couples have time to reconsider their decision but does not prevent efficient handling if all documents are in order.
Even when spouses agree on all terms, it's important to ensure the agreement is comprehensive, fair, and legally binding. Without proper legal advice, you may unknowingly agree to terms that are not in your best interest, or miss out on essential provisions, leading to future disputes. For example, failure to address tax implications or correctly assess asset values can cause problems later.
A skilled attorney will review and draft the Marital Settlement Agreement to ensure it covers all necessary elements and complies with California law. This minimizes the likelihood of future conflicts, saving you from potential litigation that could arise from an incomplete or unclear agreement. According to the American Bar Association, self-represented individuals in divorce cases are more likely to face contested agreements later, resulting in expensive legal battles that proper guidance could have avoided.
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