Default With Agreement vs. Uncontested Divorce in California
Spouses can agree to the divorce petition in a few ways. Here’s the difference between default with agreement and uncontested divorce in California.
Spouses can agree to the divorce petition by filing an uncontested response or defaulting with the agreement. By filing an uncontested response, the responding spouse legally agrees to the divorce petition. If a divorce agreement exists, a spouse can choose not to respond/participate in the case; a default divorce judgment will be reached.
What is an uncontested divorce?
An uncontested divorce is a divorce in which the responding spouse does not contest any terms listed in the divorce petition. Uncontested divorces typically occur when spouses reach a divorce agreement before filing. Uncontested divorces occur when the responding spouse either files an uncontested response or does not respond to the divorce papers at all.
Filing an Uncontested Response
After being served the divorce petition, a spouse can file and serve their uncontested response. By filing an uncontested response, the responding spouse legally says that they agree to the divorce petition, but still want to participate in the case. The respondent keeps their right to speak in court about the divorce (if ever need be).
What does it mean to default with agreement in a California divorce?
A responding spouse may choose not to respond to a divorce petition because an agreement exists. If a spouse chooses not to respond to the divorce petition because an agreement exists, a judge will decree a default divorce judgment, granting the divorce terms listed in the petition.
Not Filing a Response
By not filing an uncontested response, the responding spouse gives up their right to attend court, if ever need be. If a divorce dispute comes later, for whatever reason, the responding spouse will not be able to speak in a court hearing because they gave up their right to participate in the case. “Defaulting” essentially means that the spouse will allow the divorce to be granted by the petition, without contest or input.
Attending Court
Spouses that agree to divorce terms but still want to secure their rights find it best to file an uncontested response rather than default with an agreement. If a spouse chooses not to respond to the divorce petition because an agreement is in place, he or she gives up their right to participate in the case. They cannot attend court if a dispute regarding divorce terms arises with their spouse. Spouses that file an uncontested response agree to divorce terms and maintain their right to legally participate in the case.
FAQs About Default With Agreement vs Uncontested Divorce
How much does an uncontested divorce cost?
In California, it costs $435 to file the divorce petition and another $435 to file an uncontested response.
How much does a default divorce with agreement cost?
A default divorce with agreement costs only a $435 fee to file the divorce petition. Because no response will be filed, the only legal fees from the court will be to file the petition for divorce.
Do I need a lawyer for an uncontested divorce?
A lawyer can help you negotiate divorce terms in court, before filing your divorce. Your attorney can help you make sure divorce paperwork is properly completed and filed, and protect your rights in court (if ever need be).
Do I need a lawyer for a default divorce with an agreement?
When reaching a divorce agreement, it’s important to hire an attorney that knows how to protect your rights in mediation. However, a lawyer will not be able to represent you in court if you’ve given up your right to participate in the case by not filing a response.
Free Consultation With a Divorce Attorney in California
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