How to File for a Divorce
Filing for a divorce. While divorce is never simple, a very few individuals may be able to file for what is known as a simple divorce. To qualify for such a case, there must be no children or property, no shared investments, retirement plans, or alimony. As you can see, a marriage without any of these elements is quite unusual. Couples with children will absolutely require representation by a lawyer to determine some guidelines for custody, support, and visitation rights. Without the expertise of an attorney, couples often neglect to work out details like who will claim the children on their tax returns, and who will pay for insurance, extracurricular expenses, and college.
To qualify for an uncontested divorce, you and your spouse must agree to agree. There should be no dispute and no negotiation, so if the two of you are able to amicably work through the details before hiring an attorney that will help your case. Uncontested divorces are often complicated when one party (or both) interrupts the smooth proceedings with some demand, usually regarding children, property, or finances. If the two parties cannot agree, there is no longer an uncontested divorce.
Typically a couple approaches divorce with the knowledge that they must separate and no plans for dividing their shared possessions. We are all busy, and couples facing divorce often lack the time or desire to assemble all of the paperwork necessary to clearly outline shared and individual finances. Children are another point of contention in most divorce proceedings, as it can be difficult and painful to work out issues of custody, visitation, handling meetings at school, holidays, and vacations. This becomes even more complicated when both parents work full-time.
Divorce proceedings generally take about 90 days and tend to cost around $2,000, although a truly uncontested divorce can cost $500 or less. While it is not unheard of for couples to settle all of their disputes without professional assistance, hiring an experienced attorney is always a wise move. When emotions are running hot, your lawyer will be able to communicate with your partner’s lawyer to settle disputes so you won’t have to. This way, you will be able to reach an agreement without losing out in the face of frustration, anger, and simply wanting to put the whole thing behind you.
Do not fall for advertisements you see for low-cost divorce lawyers. While you may pay a small amount upfront, the fees will begin to pile up quickly once you file for divorce, and you will find yourself spending as much as you would by going to a reputable law firm. What’s more, you may relinquish the right to negotiate without an additional fee for emendations to the paperwork. More often than not, hiring a low-cost attorney can cost far more than seeking a professional, experienced lawyer. Most law firms do not charge for the initial consultation, either, so you may do well to schedule a meeting to learn what approach will best suit your needs.
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