No one enters a marriage with the expectation that years later, they will be reaching out to an attorney to consider separation or divorce. The emotional toll of a marital dissolution alone is tough to bear, aside from the fact that the average resident in Newport Beach does not have a background in law to understand how to proceed. With the help of a family law attorney, parting couples will be able to move forward to their new lives efficiently, whether the divorce is contested or uncontested.
A divorce is labeled as contested when both individuals are not able to agree on the terms of their separation. This could be for an entire list of items or perhaps one single issue they cannot meet eye to eye on, like property division. It can be unreasonable to think that a contested divorce will resolve itself quickly when the very issues they are stuck on are likely causing the divorce in the first place.
The steps to file for a contested divorce differ from a scenario where you and your partner both agree on everything. The first step is for one spouse to initiate the process by filing a petition to the court. This should detail the nature of the divorce and what a favorable outcome would look like. Once the court has reviewed the information, it will serve the divorce papers to the individual you are looking to divorce from. They must file their response within 30 days of receiving the petition. After the response, both parties will work with their family lawyers to gather any evidence they have to support their positions and advance to some form of negotiation. If negotiation is unsuccessful, then being in court is inevitable. A judge will make a final ruling after hearing from both sides, and that will be the official word.
An uncontested divorce is what everyone hopes they will have if they are going to divorce one day. It’s a very straightforward process where both people who have decided to split are very agreeable on what they want their futures to look like. These are commonly people who are still able to communicate and act civilly with one another. While it may seem as if a divorce attorney might not be needed when two spouses are in agreement, they are still needed to verify that the final agreement is legally sound.
To begin an uncontested divorce, both spouses will create a written agreement that outlines its terms. This will include hot-button issues such as child custody and the division of their most prized assets. If, during this process, the couple feels like there are a few issues they would like to iron out in front of a professional, they can opt for mediation. Here a mediator will listen to the concerns and desires of both parties and help to guide them to a final decision. Once this is complete, all that has to happen is quick approval from the court on what the couple has created together, and then they will be free to move on from the marriage.
Contested divorces are more common than many people realize; if you’re unsure how amenable your spouse will be to marital dissolution, contact our firm.
A: There is no single price for an uncontested divorce. It takes a true analysis from a legal professional during an initial consultation to be able to provide some type of price range someone can expect to pay. However, an uncontested divorce will indeed save both parties time and money if they can come to an agreement on their own. This is because it reduces the number of hours an attorney needs to spend on the divorce case. The faster the resolution, the more money you can keep in your pocket.
A: In a traditional divorce, both parties are responsible for paying their own legal fees. However, some unique circumstances may require one party to pay for the other’s fees. For example, if one partner was dishonest throughout the divorce process and was caught, this could be one of the repercussions they must face. An example of dishonesty could be lying about their full income or perhaps not disclosing some assets they have on the side.
A: Yes, just because you signify at the start of your divorce that things will remain uncontested does not mean that you are unable to voice your opinion. Alert your attorney as soon as you can if this applies to you. They will be able to help you either withdraw your divorce petition or modify it to reflect whatever updates you may decide on. If your partner is on board, any new disputes can be discussed in mediation rather than in court.
A: There is a mathematical formula used to make sure that an appropriate amount of child support is ordered to fully take care of the child’s interests. Factors such as how much money each parent makes and the amount of time they have historically spent together are highly considered. It is almost always the parent who makes the most money or who does not have custody who will have to pay the monthly support. An attorney can take time to assess the exact needs of the child and ensure that the child support arrangement is adequate for their needs.
If you are considering a divorce, either contested or uncontested, there is only one option in Newport Beach that will be able to resolve your case efficiently. At Quinn Dworakowski Family Law Attorneys, we know what it takes to expedite a divorce proceeding without sacrificing quality. We have a vested interest in the future of your family unit and will work hard to protect it. Contact us today to schedule a consultation. Let’s move forward together with confidence.
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