Costa Mesa Uncontested Divorce Lawyer

Divorce Statistics in the U.S. and California

According to U.S. News and World Report, the average divorce rate across the country in 2022 was 7.1 per 1,000 women. In California, it was lower, at 5.88 per 1,000 women, and ranked the seventh lowest in the nation. Thousands of families every year need legal assistance navigating the challenges of a divorce. Whether the breakdown of the marriage is due to conflict, poor communication, or financial stress, a seasoned divorce attorney can help you achieve an optimal outcome.

What Is an Uncontested Divorce in Costa Mesa?

An uncontested divorce is when both spouses agree to the terms of the divorce without needing to go to trial. It is a straightforward procedure that can lead to an amicable divorce with less conflict and fighting. It also gives you more control over the outcome, rather than leaving it up to a judge.

Types of Uncontested Divorces

In California, the uncontested divorce laws outline three types.

1. Summary dissolution. This is a simple and fast option for those who meet these specific criteria:
   • The marriage lasted less than five years.
   • The couple has no children from the marriage.
   • There is no real estate ownership between the spouses.
   • Each person has limited debts.
   • Both parties waive the right to spousal support.
2. Joint petition for dissolution. This is a new law that went into effect in January 2026. Because the requirements for a summary dissolution are limiting, this law allows both parties to file for divorce together. Filing jointly speeds up the process since one spouse doesn’t have to serve the other and wait for a response. You still need to come to an agreement and finish the divorce process to make it legal.
3. General dissolution. This is the standard procedure for an uncontested divorce. One person files a petition for divorce, then goes through the steps to come to an agreement.

In Costa Mesa, If you aren’t sure which type is right for you, consult a Costa Mesa uncontested divorce attorney from our firm to guide you. An experienced lawyer can be an asset from the beginning to the end of the process.

Steps for An Uncontested Divorce in California

There are specific steps you will complete for an uncontested divorce in California. One requirement before you begin is that at least one spouse has to have lived in the state for six months and reside in the county where you are filing for three months.

1. Decide how to file. You have the option of filing individually or jointly. Hire an uncontested divorce lawyer to help you determine which method suits your case.
2. File and pay the fees. Your attorney can prepare the paperwork. Filing is done at the Clerk’s Office on the seventh floor of the Lamoreaux Justice Center in Orange, in person, by mail, or by e-filing.
3. Submit financial records. Each party exchanges documents, such as tax returns, bank statements, deeds, and other assets. You must disclose debts as well. This step can take longer with high-net-worth individuals.
4. Create a marital settlement agreement. This document is legally binding once you sign it. It is advised to have your uncontested divorce lawyer present during this discussion. The marital settlement agreement addresses all the major issues pertaining to the divorce:
   • The division of property and debts acquired during the marriage
   • The custody of the children
   • Spousal and child support
5. Make it legal. A judge reviews your marital settlement agreement and signs a judgment, deeming the divorce official. If there is a backlog in the family courts in Orange County, you may have to wait for your divorce to be finalized.
6. Wait for a mandatory six months. This is considered a “cooling-off period” when the couple can consider reconciliation. It’s also a time to prepare your case by gathering the necessary documentation. The clock starts when you serve your spouse or file jointly. You can work on the previous steps during the six-month period.

Benefits of an Uncontested Divorce in California

There are many benefits to an uncontested divorce in California.

• Less expensive. Since the agreement is done between both parties without the court getting involved, the fees aren’t as high, and there aren’t as many billable hours.
• Faster process. In an uncontested divorce, there’s no need to sit in a courtroom while each issue is addressed and discussed.
• Less stress. Agreeing to the terms rather than fighting over every issue results in fewer conflicts and less emotional distress.
• Better co-parenting. When there are children involved, former spouses parent together more effectively after formulating an agreement regarding custody and child support.
• Confidential. While all divorces become public record, an uncontested divorce allows for the discussions to be held privately, rather than in a public trial.

Hire an Uncontested Divorce Lawyer in Costa Mesa

At the Law Offices of Lisa R. McCall, we strive to approach each case with compassion and perseverance. With our experience in family law in Southern California, we can be an advocate on your behalf throughout the divorce process. Every marriage is different, meaning every divorce is different too. Contact us today to discuss your situation and how we can help you move beyond this stage of your life and into a brighter future.