Legal Question in Family Law in California
how to file an uncontested divorce with older children, 17 and 15, that go back and forth between parents?
1 Answer from Attorneys
File a petition and serve the other spouse. Then prepare an agreement that divides the property, provides for joint legal and physical custody. Set out the visitation schedule for the children. This schedule can be either very specific or generally depending upon the circumstances. Support for the children must be addressed in the agreement. Child support is set by use of a formula which has become a computer program. Once these agreements are reached, and it has been thirty days after service of the petition and summons, the default of the spouse that was served is taken and a judgment is prepared that has the agreements attached to it. The marriage would be dissolved at a date that is 6 or more months after the date of service of the summons and complaint. There are attorneys that do mediation and assist the parties in the preparation of the above documents. As a mediator the attorney does not represent either party, but helps the parties reach a fair and reasonable agreement. It would be advisable for each spouse to consult with their attorney.