SD Esquire has helped many people throughout California save thousands of dollars in divorce attorney fees. We have helped streamline the divorce process with our three step approach while providing an affordable flat fee service. We perform an extensive client onboarding to make sure we can meet our client’s expectations/needs before commencing service. We provide our uncontested divorce service solely to California residents. Through our online case portal, we work directly with our clients to prepare the divorce forms and their marital settlement agreement. We have helped couples in Alameda County, Orange County, San Bernardino County, and Sonoma County complete the divorce process without them having to go to court.

Is filling an uncontested divorce right for you? If you and your spouse agree to all divorce issues identified below, you should consider signing up for our online divorce service. We can work with you to file a petition for dissolution, prepare your financial disclosures, and complete the marital settlement agreement or obtain a default judgment. We provide afforable payment plans in which you can set the pace in which to complete your divorce.

Below are answers to FAQs we receive.

1. What is an uncontested divorce?

An uncontested divorce occurs when both parties agree to the settlement terms of a divorce. This includes the division of assets, debts, child custody and visitation, child support, retirement benefits, and alimony. An uncontested divorce means no issues are in contest for the court to resolve. We provide online uncontested divorce services only to parties who have settled their divorce issues. We provide limited mediation service. Contact us at info@sdesquire.com for more information about our divorce mediation service.

2. What are the benefits of an uncontested divorce?

There are many benefits of filing an uncontested divorce. An uncontested divorce usually saves both spouses thousands of dollars in court and attorney fees. Both parties remain in control of their divorce. You, as the petitioner or respondent get to decide how your marital property will be divided, the best parenting plan for your child custody and visitation schedule, and how marital debts will be settled. Uncontested divorces help couples reduce the anger and hurt associated with the divorce process.

3. How long does it take to settle an uncontested divorce?

Most uncontested divorces can be resolved within 7 to 12 months. California family law requires a six-month period from the time the respondent is served with the court summons and divorce papers to allow a divorce to be finalized. This means a judgment for divorce can be entered six months from the day the respondent is properly served.

4. Am I obligated to pay my spouse’s health insurance?

Yes. You must continue to provide health insurance coverage to your spouse until your divorce is finalized. You can face serious penalties if you remove your spouse from your plan. When in doubt, keep your spouse on your health insurance plan.

5. Does it matter who files for divorce first?

No. If your spouse filed for divorce first, it does not impact the case. Other factors that are not taken into consideration upon filing for divorce include matters of adultery or why either party wants to obtain a divorce.

6. I am not a California resident. Can I file for divorce?

It depends. California law requires a person to live within the state for at least six months prior to filing for divorce. You can file for legal separation if you do not meet the state’s residency requirements. Once you have lived in the state for six months, you can amend your legal separation documents and file for divorce.

7. How can I settle my divorce without going to court?

San Diego Esquire recommends parties attend mediation to resolve divorce disputes. Mediation allows each party to discuss issues that need to be resolved. If divorce issues are settled through mediation, then both parties will likely not have to appear in court. You may have to attend an FRC to provide a judge with an update of your case. Most parties go to court to obtain emergency or temporary orders regarding child custody and visitation, property control, move out order, or spousal support. Contact us if you have questions about how to settle your case without going to court.

8. How will my marital assets and debts be divided?

California community property laws require courts to divide marital assets between both spouses in a fair and equitable manner. This means everything acquired during marriage will be divided 50/50 between each spouse. This includes retirement accounts, bank accounts, real estate, vehicles, and household furnishings. A case will become contested when a spouse seeks to obtain more than his/her fair share. Consult with an attorney to protect your legal rights if you believe you will not receive the property you are entitled to.

9. How can I obtain a spousal support order?

You can file a Request for Order to obtain a temporary spousal support order. You can meet with your spouse through mediation to reach an agreement regarding spousal support. If your spouse does disagree with your request for spousal support, the matter can be litigated before the judge. Use our spousal support calculator to estimate how much support you may receive. Contact us for help resolving your spousal support dispute.

10. How can I obtain a child custody and support order?

You can file a Request for Order to obtain a temporary child custody and support order. You must attend a mandatory mediation session. Most child custody disputes are settled through mediation. Once a parenting plan is determined (by the parents or the court), the judge will set a child support order. The court considers many factors when ordering child support. This includes the amount of time each parent will spend with the child, the parent’s income and expenses, and the child’s living expenses. Use our child support calculator to estimate how much child support you may receive.

11. Do I have to pay my cheating spouse child support?

Possibly. California family law requires both parents to pay child support. However, one parent may pay more support than the other if he/she earns more money and spends less time with the child. Contact us for more information on how to obtain a child support order.

12. Do I need to hire an attorney to file for a divorce?

No. You do not need to hire an attorney to file an uncontested divorce. Most people can navigate through the family law system on their own accord. However, you should consult with an attorney prior to signing a marital settlement agreement. If you need help preparing your uncontested divorce forms and the final judgment, or would like legal representation through the uncontested divorce process, contact us for a consultation.

13. How do I complete an uncontested divorce?

Several steps must be taken to complete the uncontested divorce process. Contact us today for more information about the process.

Legal separation is a request for a court order to separate community property. It is a similar to a divorce agreement, but unlike a divorce agreement, a legal separation will not dissolve the marriage.  Lke a divorce, there are three main steps in obtaining a legal separation order: 1) File the petition for legal separatio and complete financial disclosures; 2) Serve spouse with filed court documents and financial disclosures; 3) Neogtiate a legal separation settlement agreement to file with the court.  Sign up on our website today to start the legal separation process.

Postnuptial agreements can be a way to protect the inheritance of children from previous relationship and it can ensure a treasured family heirloom remains in the family. A postnup can also protect a business from having a spouse become an inadvertent partner.  Essentially, a postnuptial agreement is a form of an insurance plan.  In the event of a divorce, the couple can settle most matters quickly without an expensive drawn-out negotiation.

We highly encourage you to work with an experienced California postnuptial agreement attorney instead of relying on a do-it-yourself approach. We provide flat fee postnuptial agreement review and drafting services to California residents. We only represent one party in postnup agreement drafting or review. We do not provide dual representation. Sign up  to get started.

Uncontested Divorce & Legal Separation 

Sign Up through our website to get started. After you submit the questionairre, you will receive an attorney client agreement and client intake forms via email (please check your spam folder). Our attorney will contact you and discuss the next steps in the process of filling your petition for dissolution and set up your payment plan. Upon completing the client intake forms, we will file your documents with the court and assit you with completing your financial disclosures.

Your filed petition and financial disclosures will be served on your spouse along with the MSA. Your spouse will have 30 days to review the document with or without and attorney and file a response. If a response is not filed by your spouse, you can request a default judgment with or without an agreement. If your spouse files a response, you will enter into a formal judgment with a marital settlement agreement.

Postnuptial Agreement 

Sign Up through our website to get started. After you submit the questionairre, you will receive an attorney client agreement and client intake forms via email (please check your spam folder). Our attorney will contact you and discuss the next steps in the process of drafting or reviewing your postnuptial agreement. It usually takes us 5-7 business days to complete our initial draft or review.

We provide payments plans for our uncontested divorce and legal separation service. All costs for postnuptial agreement drafting and review must be paid upfront.

You will be billed in three increments for our divorce and legal separation service: 1) Petition for dissolution of marriage and accompanying documents will be prepared and filed with the court ($500 and applicable court filling fee); 2) Preparation of financial disclosures ($500); and 3) Marital settlement agreement drafting and final judgment/default judgment paperwork ($500). Ask us about financing options.

At SD Esquire, we provide California ARAG legal benefit plan attorney services. Working as an ARAG service provider has allowed us to use our extensive knowledge to benefit our client’s legal needs. We serve as a full service law firm providing legal assistance and representation to matters including the following: Legal Separation, Uncontested Divorce, Postnuptial Agreement Drafting, and Consumer Credit Disputes. We work with ARAG insurance members all throughout California. Contract us today at info@sdesquire.com for more information. Please provide your Case Assist number in the email subject line.