Kristy Hernandez Office Phone Number

Mutual/Uncontested Divorce

Financial problems cause stress, which frequently carries over into personal relationships. Because our law firm often represents clients going through difficult financial times, our attorneys counsel clients dealing with both financial and interpersonal struggles. Many of our clients cannot afford the financial or emotional cost of a lengthy divorce. For this reason, Hernandez Law Group began offering  client representation in uncontested divorce cases.

What Is Uncontested Divorce?

An uncontested divorce is a divorce where the parties agree to the terms of the judgment even before the divorce paperwork is filed. The advantage of an uncontested divorce is that the parties can avoid litigation; neither party ever appears in court, and because there is no litigation, the cost of an uncontested divorce is substantially less.

 Who Should Consider Uncontested Divorce?

An uncontested divorce is not appropriate for everyone. If you have a large estate, complicated legal issues, have an unreasonable spouse, or you are a victim of domestic violence, an uncontested divorce is not for you. In order to qualify for an uncontested divorce, the parties must agree on all the terms of the divorce. This includes agreeing on entirely on each of the following issues: child support, spousal support, child custody, child visitation, attorney fees, division of property and division of debts.

How Hernandez Law Group Can Help

Our job as your attorney in an uncontested divorce is to write up and finalize the uncontested divorce paperwork. Our office will also gather the information to file the initial paperwork, disclosures, and the terms of the divorce judgment. We will also file the divorce papers, serve the divorce papers on the other party, prepare the divorce judgment, arrange for both parties to sign the documents, and then file them with the court. Since the divorce papers are all prepared in the office and then filed with the family law court, there is no reason for either party to ever set foot in court.  Using the law firm insures that the paperwork is done right the first time, so that the divorce can finalize as quickly as possible.

How Much Does Uncontested Divorce Cost?

Uncontested divorce is generally considered to be significantly cheaper than traditional contested divorce. In a contested divorce, each spouse hires a separate attorney and pays separate retainer fees. Most traditional divorce attorneys then charge an hourly rate for legal representation. Uncontested divorce is different.  Our office charges a flat fee for uncontested divorce, usually between $1500 – $4,000 depending on the complexity of the case.  We charge half of the fees up front, and the remaining balance at the time the divorce is final.  This fee structure tends to be much more client-friendly because it allows clients to budget for the case because they know the entire cost up front with no surprises.  Payment plans may also be available upon request.

How Long Does an Uncontested Divorce Take?

California has a statutory “cooling off” period for all divorce cases, requiring at least 6 months before a divorce case can finalize. This waiting period applies to traditional as well as uncontested divorce.


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