Identification

• An uncontested divorce can only occur if both parties involved agree to all of the terms of the divorce agreement, and neither party contests the divorce agreement once it has been filed.
  
  In California, for an uncontested divorce to occur, one of two circumstances must take place. Either both parties have to agree to the divorce, and to the custodial, financial and other arrangements detailed in the divorce papers, or the petitioner files divorce papers and does not receive a response from the respondent within 30 days. In this case, a request to enter a default may be filed, and if the court approves the request, the divorce will proceed without the respondent.
  
  

Financial Considerations

• California is a community property state, which means that the assets and debts accumulated by both parties during the marriage are considered to belong to both parties, with the exception of individual inheritances and gifts. Anyone who is considering an uncontested divorce agreement should keep in mind that if he has a lot of assets and money to divide, it will probably be necessary to consult with a divorce attorney about the best way to do so to protect the legal interests of both parties.
  
  

Custody Issues

• Physical and legal custody of minor children is usually determined by the court during the divorce proceedings based on the best interests of the children. People wishing to file for an uncontested divorce in California and avoid a custody battle must agree to a custody agreement that can include a combination of both types of child custody under California law: joint legal custody (the ability to make legal decisions on behalf of the child and the requirement that both parents confer with one another before making these types of decisions) and joint physical custody (meaning that the child lives part-time with each parent).
  
  

The Filing Process

• To file for uncontested divorce in California, one spouse must file a petition for dissolution of marriage with the court, pay the filing fee and submit information about her income, assets and a divorce agreement and/or custody agreement. The other spouse has 30 days from receipt of the petition to respond and contest it. If the other spouse does not object, a judgment for dissolution of marriage will be signed and approved by the judge assigned to the case.
  
  

Considerations

• An uncontested divorce can eliminate the need for either party to appear in court, and is also the fastest way to obtain a judgment, as most uncontested divorces are finalized within six months to a year.