5 Types of Divorce Cases Divorce Attorneys Handle
There are several types of divorce cases divorce attorneys handle; look for one with plenty of experience in handling your type of case.
The very word “Divorce” gives us goosebumps and it’s the last thing that we want to go through. Divorce can be as legally complicated as it is emotionally charged. Just as the word divorce can make you panic, and dealing with the legal process is similarly a challenge. There can be variations in divorce law from place to place, and your divorce is as unique as your marriage. Your divorce is a delicate matter that needs to be handled with care. And there are many types of cases that divorce attorneys handle; look for one with plenty of experience in handling your type of case.
Why Consulting a Divorce Lawyer Matters
A divorce on its own can be difficult enough without adding anything that can make things even worse. When you sit across from your partner for divorce negotiations, things can get heated. This is where a good divorce lawyer’s skills and experience can be invaluable. With their knowledge of family law as well as how the judges at your family court are likely to rule, an experienced divorce lawyer can offer reasonable choices for settling your divorce – and settling it out of court if possible.
Nobody gets married thinking that their love will end in divorce. Sometimes, a fairy-tale marriage ends up becoming a cautionary tale of what not to do during divorce if you want to avoid financial, physical, and emotional distress. The divorce process can emotionally drain all the members of the family unless you and your spouse agree to take the high road, treating each other with respect and cooperation. If you’ve decided to split, you’ll need the help of a good divorce lawyer from a reputable firm – a lawyer who shares your philosophy and can guide you through this challenging time of your life.
During the divorce proceedings, you’ll have to deal with a lot of paperwork. Not being in a proper state of mind you are likely to find all this quite confusing. Every form can be confusing, and once it goes to the court, the judge will rely on it heavily, so it is vital that each form is filled out correctly. It is here where a divorce lawyer can help. They will guide you in filling out every form effectively and accurately to avoid any unnecessary obstacles.
Types of Divorce Cases a Divorce Lawyer Handles
Below are the different kinds of divorce cases that a divorce attorney handle,
- Uncontested Divorce: This is ideal because in this case both the husband and the wife will work with their lawyers to create their divorce agreement. There is no trial in an uncontested divorce because both parties agree on the terms. An uncontested divorce is the simplest, quickest, and least expensive way to divorce.
- Contested Divorce: This can be the most difficult kind of divorce since the husband and wife do not agree on major issues like child custody, spousal support, or property division. The parties’ lawyers will still try to negotiate a settlement, but if the parties dig in their heels, the case will go to court and a judge will rule on all contested issues. Those who file for a contested divorce may face hearings and settlement negotiations to resolve the issues. In case no agreement is made then going for a court trial indeed will be necessary. Although you are allowed to represent yourself in court, this is not recommended as you will be held to the same standards as the lawyer on the other side of your case.
- Collaborative Divorce: This divorce includes each party working with their own collaborative lawyer to reach an agreement without the possibility of going to court; if the case doesn’t settle, the lawyer must resign and the parties start all over from the beginning with new lawyers. In a collaborative divorce, both parties need to be cooperative and willing to negotiate in good faith to create a settlement that works for both parties. Full disclosure is essential to ensure that the negotiations are fair. In this case, the husband and the wife meet with their respective lawyer to negotiate an agreement. The “collaborative divorce team” often includes a neutral financial expert, parenting specialist, and divorce coach to facilitate agreement.
- Default Divorce: When one party files for a divorce and the other does not respond, the court can grant a default divorce. The judge can grant the divorce despite the other party not taking part in the proceedings of the court. The court can give a default divorce if the spouse cannot be found, never returns from a foreign country, or leaves the jurisdiction without reason.
- Summary Divorce: Simplified or summary divorce is quite common in some states – especially for short marriages (those that last less than five years). Most couples who get a summary divorce have insignificant joint debts, no children, and little property to divide. You can download the paperwork and forms you’ll need to complete a divorce and fill them out – but each of you should have your own lawyer read the agreement to ensure that it is legal and that you understand exactly what you’re agreeing to.
No matter if you are at the start or in the middle of a divorce, it’s wise to consult an experienced divorce lawyer for answers to your most pressing questions and concerns. Along with being your advocate, a knowledgeable lawyer will also offer you objective advice about which of your goals are obtainable and worth pursuing – and which are not. Hire the best divorce lawyer for your unique circumstances to reduce your stress during this difficult time.