Filing for an uncontested divorce can save a significant amount of time and money in comparison to fighting it before a judge. It is available to couples who have agreed upon all issues involved in divorces, such as child custody, property allocation, and spousal support. At Tsang & Associates, we will assist couples in negotiating a fair marital settlement agreement, and file for an uncontested divorce for a reasonable, one-time flat fee. In addition, our firm provides a one-hour divorce customer service meeting to allow both parties to quickly and efficiently. Our attorneys will assess your circumstances and assist you in preparing all the necessary paperwork to file for an uncontested divorce.
Please note, Tsang and Associates specializes in dual representation, divorce mediation, and uncontested marital settlement. We encourage you to seek a specialized family law attorney for matters relating to contested marital settlement and divorce.
Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client. Clients may retain us for one or all of the below steps/services.
We are happy to customize a proposal for you during a consultation. Please see the below information.
WHAT MAKES US DIFFERENT
At Tsang & Associates, we treat each client like a well-formed partnership and involve you in every step of the process. When filing an uncontested divorce, we work together with you until you are satisfied with our services. By the end of our partnership, our goal is not only to help you find success but also to help you become an expert in your own case.
CASE PROCESSING OVERVIEW
Step 1: Strategy Session for Uncontested Divorce
This is the most crucial step for your Uncontested Divorce. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.
Step 2: Mediation
During mediation, we will help finalize your marital settlement agreement.
Step 3: Express Divorce Filing
Forms -> Sign -> Done. Less than one hour
We will provide an attorney prepared filing for an Uncontested Divorce with all forms and supporting documents, including:
- Advise on how to agree on child custody, property division, child support and alimony issues
- One Hour Divorce Customer Service
In short, we provide a start to finish service. Your case is safe with us until the case is complete.
Property and Debts:
California is a “community property” state. Any jointly-held property is presumed to be “community” property, unless it is clearly stated in a deed or written agreement that the property is “separate” property. Unless both parties agree otherwise, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to either party on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if either party has deliberately misappropriated community property, the court may make an unequal division of the community property.
Each party shall be responsible for the following debts:
- Those incurred prior to marriage;
- Any separate debts during the marriage that were not incurred to benefit the community or marriage;
- Equitable share of any community debts made during the marriage;
- Any debts incurred after separation and before the dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities.
Child Custody and Visitation:
The issue of child custody and visitation is perhaps the most emotionally charged issue, with heavy investment on the part of both sides. Joint or sole custody may be awarded based on the best interests of the child, and the following factors:
- The preference of the child, if the child is of sufficient age and capacity;
- The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
- The child’s health, safety, and welfare;
- Any history of child or spouse abuse by anyone seeking custody or who has had any caretaking relationship with the child, including anyone dating the parent;
- The nature and amount of contact with both parents;
- Any habitual and continued use of alcohol or illegal controlled substances; and
- Marital misconduct may also be considered.
Custody is awarded in the following order of preference:
- To both parents jointly;
- To either parent;
- To the person in whose home the child has been living; or
- To any other person deemed by the court suitable to provide adequate and proper care and guidance for the child.
When one parent is awarded sole or primary custody of the child, the other parent is granted the right of visitation. Visitation plays a role in almost all custody arrangements unless deemed not in the child’s best interest. The guidelines for visitation should be agreed upon promptly to prevent any future misunderstandings. It is the responsibility of the parents to arrange for a reasonable schedule of visitation.
Both the custodial and non-custodial parent have a legal responsibility to financially support their children. Child support payments may be awarded on a temporary basis during custody or child support proceedings. There is a mandatory minimum amount of child support which is outlined in the state guidelines, and this amount will apply unless there is a reasonable agreement between the parents providing otherwise which states that:
- The parents are fully informed of their rights regarding child support under California law;
- The child support amount is being agreed to without coercion or duress;
- Both parents declare that their children’s needs will be adequately met; and
- The right to child support has not been assigned to the county and that no public assistance is pending.
California’s state child support guidelines consider such things as the current income of both parents and the amount of time the children spend with each parent.
It is important to know that either spouse may be entitled to spousal support under the California Family Law. The amount and period of support is determined by several factors:
- Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment;
- The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity;
- The standard of living established during the marriage;
- The duration of the marriage;
- The comparative financial resources of the spouses, including their comparative earning abilities in the labor market;
- The needs and obligations of each spouse;
- The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse;
- The age and health of the spouses;
- The physical and emotional conditions of the other spouse;
- The tax consequences to each spouse;
- The ability of the supporting spouse to pay, taking into account that spouse’s earning capacity, earned and unearned income, assets and standard of living;
- The balance of hardships to each party;
- Any other factor the court deems just and equitable.
Marital misconduct is not a factor to be considered in determining the amount of support, except for a criminal conviction of an abusive spouse.
- FL-130 Appearance, Stipulations, and Waivers
- FL- 170 Declaration for Default or Uncontested Dissolution or Legal Separation
- FL-180 Judgement
- FL-190 Notice of Entry of Judgement
- FL-141 Declaration Regarding Service of Declaration of Disclosure
California Divorce Infographic
Frequently Asked Questions
What are the benefits of an uncontested divorce?
- Save thousands of dollars in court and attorney fees
- Both parties remain in control of their divorce
- The petitioner gets to decide how marital property will be divided
Does it matter who files for divorce first?
- No, it does not. If your spouse files first, it would not impact the case.
I am not a resident of California. Can I still file for divorce?
- California law requires a person to live in California for at least 6 months. Once you have lived in California for that long, you can amend your legal separation documents and file for divorce.
What happens if both spouses are at fault?
- If both spouses are found to have been at fault in the break down of the marriage, the court will grant the divorce to the spouse who is found to be the least at fault.
What is the difference between contested and uncontested divorce?
- Contested divorce: There is a disagreement regarding an aspect of the divorce which could include custody of children in the marriage, how assets accumulated are to be divided etc.
- Uncontested divorce: The divorcing couple agrees to all terms of their divorce and would not need any court’s aid. They are less complicated.
SCHEDULE A SESSION
Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.
In addition to uncontested divorce, we also specialize in other areas of family counsel. At Tsang & Associates, we treat you like family to ensure your family gets the full legal support needed. Check out our comprehensive services down below.
IT’S LIKE HAVING A LAWYER IN THE FAMILY
- As a family-owned law firm, we pride ourselves on taking care of our clients as if they are family. As your family counsel, we offer you the same support we provide our family, whether it is legal representation or problem-solving.
- A lawyer in the family provides you the comfort to pursue any endeavors and face any challenges when they arise.
HOW IT WORKS
Just like your bank account, you maintain $5,000 fully-refundable deposit in your own private Escrow Account. The money you deposit will go towards your billing services and you are able to take out the money anytime. If a problem arises, we assist and guide you if you have the $1,500 amount in your Escrow account. Also, when you have a family counsel with us, we provide exclusive service and fee deductions on additional legal services you might be interested in.
Situations happen. To protect your family from the negative and long term effects of adversaries, a family counsel can be tremendously beneficial and valuable. From real estate planning to responding to indentity theft, we are here to mitigate and prevent any lasting damages to the welfare of your family.
Planning ahead helps you build a life of stability and success.
If a problem arises, you have a trusted attorney you can rely on.
Leave a legacy for your children and pave the pathway for their success