California Divorce Cases - Beware of This Common Trap

California divorce cases fall into one of two legal categories: an uncontested divorce (a default case) or a contested divorce. This article will explain the difference and show you how to avoid the common trap of falling into a contested divorce that turns into a legal battle.

Almost all California divorce cases have at least minimal problems that need solving, and how you deal with your problems will have a strong effect on what type of divorce you end up in.

It will be easier for you to understand the difference between a contested and an uncontested divorce if you understand the five divorce profiles, and how they can affect the type of divorce you end up with, so I'll explain that first.

California divorce cases start out in one of five divorce profiles. Understanding your divorce profile can help you move in the right direction, so here's a brief overview:

Early case. You haven't broken up yet, or broke up only recently. This is good because the earlier you start working on healing wounds and solving problems without taking them to court, the more likely you'll end up with the best type of case: an Easy case.

Easy case. Your spouse won't oppose you in court. This could be because he/she is gone, doesn't care, or is willing to sit down with you and agree on the terms of your divorce. In this case, you can do your divorce without lawyers or a court battle. You can prepare and file your California divorce papers yourself, or get them done inexpensively.

Difficult case. Your spouse is involved in the divorce, but you're having trouble (or expect to) with discussing and settling terms. There are steps you can take to smooth things out and move to an Easy case, but you will have to work at it.

Domestic abuse and violence. In this case, your spouse is an habitual controller/abuser. These people are not responsive to reason, so you won't be able to work things out with them for an Easy case. Your only option is to get somewhere safe and find specialized help.

Legal battle. I've taught many people how to avoid this type of case, but sometimes you simply can't avoid one, and your only choice is to get an attorney and fight.

Now that you understand these five divorce profiles, I hope your goal is to achieve an Easy case. The way your divorce unfolds will determine whether you have an uncontested or contested California divorce case.

Reaching an Easy divorce is more important than whether your case is contested or uncontested, and can be achieved in either instance. Either way, you will avoid a court battle.

California divorce cases are started when one spouse files a Summons (California Family Law form FL-110) and a Petition (form FL-100) with the appropriate California Superior Court Clerk's office, and then has the papers served on the other spouse.

You have a better chance of reaching an Easy case if you let your spouse know beforehand that California divorce papers are coming. That way they won't be surprised and react in a panic by running to an attorney who could turn your case into a legal battle.

Once your spouse has been served, he/she has 30 days to respond if they want to participate in the divorce. If they do nothing, you have an uncontested case, and your divorce should fly through the system with relative ease. In this case the judge is free to assume your spouse has no objection to letting the case go by default.

However, if your spouse responds, you only have two ways to proceed: by agreement or by trial. You really don't want a trial, because California divorce cases that end up in court can be very expensive, and emotionally stressful. So it's in your best interest to do everything you can to work out an agreement.

Until there's an agreement, your case is technically considered to be contested. If you can't reach an agreement you'll have to go to court and let a judge decide the issues you can't settle. In this event you definitely have a contested divorce.

Default California divorce cases are only appropriate if you have little property and debts, no children, and no need for support; or in cases where the Respondent is long gone or doesn't care what happens.

If the Respondent is around and wants to be involved in the divorce, it's better if he or she files a Response (California Family Law form FL-120). My experience with more than 45,000 California divorce cases shows that you get better post-divorce cooperation if both parties participated in the divorce.