When couples in San Jose both mutually decide to divorce and can agree on the basic terms, an option becomes available to them. You may be able to qualify for an uncontested divorce, which can help you avoid the lengthier parts of litigation.
As FindLaw says, uncontested divorce is a scenario in which both involved parties have agreed to file for the divorce. It saves time, costs, and headache for everyone. However, you must be able to agree on certain matters related to the divorce. They can include:
- Child support
- Spousal support
- Property division
- Child custody
It goes without say that these are pretty hot button topics. It can be quite difficult for divorcing couples to agree on even one of these things, let alone all four of them. This is why uncontested divorces are considered to be relatively rare and difficult to achieve.
However, just because you need to reach an agreement on these issues outside of court doesn't mean you can't have any outside help whatsoever. Many divorcing couples who are aiming to achieve an uncontested divorce will have the help of counselors and third-party mediators to help them. Emotions can run high regardless of how amiable your relationship is, so it can be good to have an advocate who has no biases or vested interest in any side.
If this sort of situation describes you, then you may also want to consider the possible consultation of an attorney. They can also help you understand uncontested divorce and how you may qualify.