Uncontested vs. Contested Divorce

Los Angeles Divorce Lawyer And Uncontested Attorneys

An “uncontested divorce” means that you and your spouse have Los Angeles Divorce Lawyer and Uncontested Divorce Lawyersagreed to all of the issues, and neither wants to go to court.

If you and your spouse agree to custody of the kids, the amount of child support that will be paid, spousal support (or a waiver of spousal support), and division of the assets and debts, then you do not have to go to court AT ALL. An experienced family law attorney can draft a Stipulated Judgment for you, at a nominal fee, and will ensure that your divorce is done correctly and will not be rejected by the court.

If you would like assistance completing an uncontested divorce, please contact the Law Offices of Cathleen E. Norton at (310) 300-4021. We charge a flat fee for an uncontested divorces–we draft the initial pleadings for filing or responding to the divorce action, we prepare and analyze the Preliminary Declarations of Disclosure, and draft a Stipulated Judgment. Call us today for a free consultation.

Los Angeles Divorce Lawyer And Family Law Attorney

A Contested Divorce means that the parties cannot agree on the one or all of the following issues:

  • Child Custody, including legal and physical custody
  • Visitation, whether it is supervised or unsupervised, with a professional or non-professional monitor.
  • Division of Community Property, including stocks, bonds, 401k and retirement plans, pensions, vehicles, household furniture and furnishings, etc.
  • Division of Community Debts, including credit card debt, on-going loan payments on a family home or vehicle
  • Confirmation of Separate Property Assets or Debts to one or both of the parties (i.e., inheritance or student loan debt)
  • Right to Reimbursement of Post-Separation Payments
  • Spousal Support (on a “permanent” basis)
  • Child Support, guideline or non-guideline
  • Choice of School Minor Child(ren) Will Attend
  • Choice of Medical Treatment or Selection of Doctor
  • Sale or Buy-Out of Community Property Equity in the Family Home
  • Credit Card Debt
  • One Parent’s Request to Move Away

Oftentimes, the parties begin their divorce in litigation.  This means that one or both parties requires judicial intervention in order to obtain court orders.  Sometimes, the temporary orders a judge makes is enough to resolve some of the issues and encourage settlement of the remaining issues.

If settlement negotiations fail, then the parties have the right to a trial. In California, family law cases are heard by a judge–there are no jury trials in family court. At the time of trial, a family law judge will determine issues of custody and visitation, the amount of child support (often including certain “add-ons” for uninsured medical costs and child care, the amount and duration of permanent spousal support, reimbursements, and division of the community property assets and debts.