Should your divorce be uncontested?
Lancaster, CA Divorce Advice Blog:
Why fight it? Why uncontested divorce is the best approach.
Approximately 90% of divorces are uncontested. What this means is that the parties involved are able to settle their differences without even going to trial. Sooner or later the divorce parties choose the path of less resistance. The key is to be reasonable and agree before spending unnecessary time and money.
What’s a divorce? A divorce is “dissolution” or termination of marriage through the court, making parties single. Through the divorce the judge can make child support, spousal support, custody and visitation, property division, and other orders. If there is domestic violence the court may also grant restraining orders.
If both spouses agree on the maintenance, property, and custody and visitation of the children, a divorce may proceed by “mutual agreement.”
The parties don’t need to test or prove anything. They just sign the separation agreement. It is not necessary to appear in court. Because of this, uncontested divorces usually save significant time and money compared to contested divorces.
By contrast, two spouses go through a contested divorce if they’re unable to reach an agreement on issues even after trying alternatives like mediation. When this happens, the divorce case then goes before the court where the judge makes the final call on each issue a lot of times with severe time constraints and after considering limited or incomplete information on the issues.
Do parties really need a divorce attorney for a “simple” divorce?
Before you start your case, even if you believe it is simple or that it will be uncontested, talk to a Lancaster, ca divorce lawyer to help you make the best decision.
If you plan ahead you can avoid costly mistakes and save time, money, and the need to drag children through the court system.
Whereas having an attorney isn’t always necessary for an uncontested divorce, getting an attorney for a contested divorce is probably a prudent measure. This is because the issues involved are usually complex and may involve navigation of technical legal procedures. In general, contested divorces tend to be much more stressful, take much longer to complete, and also cost more due to attorney fees.
Hire a lawyer who has handled many divorce cases, with whom you feel comfortable on a personal level, and with whom you can communicate easily because you will have to discuss with your attorney highly personal and sensitive matters. The Law Offices of Jesus Zuniga in Lancaster, CA will be able to help you through your matter with a delicate combination of aggressiveness, compassion, and dedication.