Uncontested divorce attorneys will make sure the whole thing is done and over with quickly and easily, and at a very affordable price. The main things that need to be agreed upon are the division of marital and community assets and debts, child custody, and the child support and alimony payments. If both spouses have come to a mutually acceptable arrangement for all of these issues, the family court will grant divorce right away without any legal wrangling.
In almost all divorces, it is better for both spouses if it is not contested. However, some situations make this very hard, if not impossible. One such example is if the petition involves accusations of domestic violence and other forms of abuse. Negotiations in such cases are hard because the couple won't be speaking to each other or meeting in person. This may also happen if one spouse decides negotiations are hopeless because the other one is asking for too much or not willing to give anything.
Most aspects of divorces that are not contested are a mere formality, but it is still a hard to reverse legal process where a mistake can be catastrophically expensive. The point is that one lawyer can represent only one of the two spouses. Even when both parties want the same thing, it would be a conflict of interest for the same lawyer to represent both.
The spouse that has filed the petition seeking divorce is the plaintiff. Only this party is now represented by the lawyer, while the other one has to decide what to do. The choice is between getting another lawyer or trusting the other spouse to handle everything and just sign off on the papers.
In a contested case, when one party files a petition, the other side can do the same and file a separate petition asking the court to reject the request for divorce, or seek different terms to end the marriage. The lawyers for each party present their individual cases at the same hearing and argue against the opposing petition. The judge then has to evaluate the evidence and decide which one to grant.
None of this legal wrangling is needed if the two parties have agreed on the terms before filing a single petition. There will be no hearings needed, and all that has to be done is to submit the paperwork to the court. The terms agreed to may sometimes be subject to state and federal laws and regulations.
The manner in which assets and debts are divided is rarely objectionable to the court, and couples can do virtually anything in this regard that is mutually acceptable. The same may not be possible with alimony, child support and custody, which must be in line with minimally acceptable regulations. The court may object to an overly low child support payment even if the recipient spouse has agreed to it.
The sum of it is that uncontested divorce attorneys are there to make sure the petition doesn't end up in a hearing. Both parties can get separate lawyers to represent their own interest. The total cost will still be a small fraction of the amount each one would spend individually on a contested case.
In almost all divorces, it is better for both spouses if it is not contested. However, some situations make this very hard, if not impossible. One such example is if the petition involves accusations of domestic violence and other forms of abuse. Negotiations in such cases are hard because the couple won't be speaking to each other or meeting in person. This may also happen if one spouse decides negotiations are hopeless because the other one is asking for too much or not willing to give anything.
Most aspects of divorces that are not contested are a mere formality, but it is still a hard to reverse legal process where a mistake can be catastrophically expensive. The point is that one lawyer can represent only one of the two spouses. Even when both parties want the same thing, it would be a conflict of interest for the same lawyer to represent both.
The spouse that has filed the petition seeking divorce is the plaintiff. Only this party is now represented by the lawyer, while the other one has to decide what to do. The choice is between getting another lawyer or trusting the other spouse to handle everything and just sign off on the papers.
In a contested case, when one party files a petition, the other side can do the same and file a separate petition asking the court to reject the request for divorce, or seek different terms to end the marriage. The lawyers for each party present their individual cases at the same hearing and argue against the opposing petition. The judge then has to evaluate the evidence and decide which one to grant.
None of this legal wrangling is needed if the two parties have agreed on the terms before filing a single petition. There will be no hearings needed, and all that has to be done is to submit the paperwork to the court. The terms agreed to may sometimes be subject to state and federal laws and regulations.
The manner in which assets and debts are divided is rarely objectionable to the court, and couples can do virtually anything in this regard that is mutually acceptable. The same may not be possible with alimony, child support and custody, which must be in line with minimally acceptable regulations. The court may object to an overly low child support payment even if the recipient spouse has agreed to it.
The sum of it is that uncontested divorce attorneys are there to make sure the petition doesn't end up in a hearing. Both parties can get separate lawyers to represent their own interest. The total cost will still be a small fraction of the amount each one would spend individually on a contested case.
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Good post! Thanks for sharing this information I appreciate it. God bless!
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