If you have come to the point where you don’t think you can live with your spouse anymore and have exhausted all your reconciliation channels, you consider the question of whether should you file for divorce. Divorces can be either contested or uncontested. An uncontested divorce is where spouses agree on how they will deal with all divorce-related issues. A contested divorce, on the other hand, is disputed between the spouses as they don’t agree on the divorce-related issues and contest it in the family court.
If you are unsure which type of divorce suits your case the most, consult a family lawyer who has a specialty in divorce. A divorce attorney will help you in complicated matters like the division of financial assets, child custody, child support, alimony support, etc.
Don’t announce your divorce if you are unprepared
According to divorce lawyers, the most common error made by couples in divorce is that they announce it unprepared. The preparations may include the discovery and compilation of essential documents – real estate, bank account details, savings, investment details, details of matrimonial assets, bills, employment history documents, salary slips, personal information documents, etc.
This is especially important if you have a contested divorce, where you will need to gather all the evidence to strengthen your case. Discuss with your divorce attorney what you will require in the court proceedings. It can help you get a better picture of which documents you need to preserve and compile.
How to file for divorce?
Filing for divorce is baffling if you don’t know where to start. It can be especially challenging in a contested divorce. Both types of divorces require paperwork submitted to the family court to start the divorce process. This paperwork includes a divorce petition and relevant forms. You can file for divorce without your spouse by following these steps.
1. Fill out the necessary paperwork
You have to prepare a divorce petition, fill out a cover sheet, and court summons to begin your divorce case without your spouse. A divorce lawyer prepares your divorce petition, and this document encompasses all divorce-related issues. It includes but is not limited to child support, child custody, spousal support, money division, and other relevant matters.
2. Submit the papers to your district family court
File your divorce case with the local district court with all the necessary paperwork mentioned above. The requirements for paperwork vary for each State, but you will generally need the file the documents mentioned before to start your case. The court fee for filing a divorce case also varies for each State. Your case is filed after you pay a small court fee. There are options for fee waivers if you think you cannot afford the court fees.
3. Service of summons
The court provides you with a copy of relevant documents and court summons. The summons must be served to your spouse by hand. If they fail to show up after being given repeated opportunities, the court may decide the case in your favor and pass an ex-parte decision.
In that case, your divorce petition is executed in your favor, and you get a summary dissolution of your marriage. This mostly happens in an uncontested divorce. However, it is different for a contested divorce as it requires more time to decide.
When not to file a divorce on your own?
Most people think they cannot file for divorce without a divorce lawyer. That is not true. You can self-represent in the family court. But it is risky unless you are familiar with the jargon of family law and have legal experience. In self-representation, the risk of messing up your case always runs high. If you have a simple uncontested divorce, and your spouse and you are in agreement about all the divorce-related issues, or they don’t respond to your petition, you can be a litigant in person in your case.
That is not the case in a contested divorce, where you will need the expertise of an experienced divorce attorney to tackle the difficult questions surrounding your divorce. It depends on the complexity level of the case, and a contested divorce lawyer will need all the information to analyze the best strategy for you to enhance your chances of success in your divorce case.
Therefore, it is of utmost importance that you hire the right divorce lawyer. If you are unsure where to begin, start by doing internet searching. You can refine your search by using words like “divorce lawyers near me” or “divorce lawyers for men”.
How much do I need to pay for a divorce?
Divorces are expensive. Many divorce lawyers who have a specialty in subcategories of divorce — child custody attorney, alimony attorney, child support lawyer, etc, charge more for each subcategory. Legal fees for a contested divorce lawyer can be between $8,000 to $20,000. In Las Vegas, fees for an uncontested divorce attorney can be $3,500 to $6,000.
It depends on the nature and complexity level of the case. A contested divorce is more expensive than an uncontested divorce because it takes longer to decide. Some States give an option of financial support to the dependant spouse in a divorce case if they are unable to afford the attorney fees, but you will need an initial court fee and legal fees to start your suit.
Discuss your financial aid options with your divorce lawyer if you are a dependent spouse in a divorce case, and ask them if there is anything you can do on your own to reduce the expenses.
Bottom line
At Right Lawyers, we understand that divorce can be a financially, psychologically, and emotionally challenging period of your life. Our dedicated divorce attorneys are here to ensure you get what you pay for and build a trustworthy, helpful, and professional relationship with you throughout this challenging time of your life.
Whether you have a contested or uncontested divorce, you will need an expert divorce attorney possessing all the expertise you need to navigate your case successfully.
Also read: 4 Things You Need to Know About Child Custody Mediation
