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 separate without hard feelings. Our attorneys will assess your circumstances and assist you in preparing all the necessary paperwork to file for an uncontested divorce. Consultations are free and we look forward to speaking with you.
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.
Legal Fee $2,500
*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case.
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 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.