Don't Go at it Alone in a Divorce ProceedingThursday, March 13th, 2014, 10:13 pm
Two different types of divorce are available for individuals: uncontested and contested. Contested divorces are those where the two parties are not able to reach an agreement about the divorce in general, the terms of the divorce or the custody of the children. In uncontested divorces, the parties are in agreement on everything and don’t need the help of the court to divide their assets or make decisions on child or spousal support or custody arrangements. Generally speaking, uncontested divorces will go through the court system far quicker, be a lot less complicated and not pose as big of a financial burden on the parties involved.
Often the couple will start off in a contested divorce and before they end up going to trial, they are able to come up with an agreement in regards to the financial terms of the divorce, thus referred to as a settlement. One of the main advantages in reaching a settlement is that neither one of the parties is going to file an appeal on it because they are both happy with the terms and are agreeing to it. Both of the parties can be assured there is an end in sight and get the case completed in a timely fashion. If you are able to reach a settlement with the other party, it is imperative that you have your agreement documented in such a manner than it will make the settlement legally enforceable and binding.
Most of the time, lawyers and judges prefer having the case settled out of court. However, if you and the other party aren’t able to come to a solution on your own, a lawyer can help you come to one at some point in time.
More spouses are going the route of doing their own divorce in an attempt to eliminate all of the legal fees with hiring an attorney. When you are dealing with a contested divorce, the last thing you should do is try to represent yourself. You could end up making a fool of yourself and costing yourself far more than what you might realize. Divorce is complicated. It requires someone who understands the ins and outs of the law to make sure everything is done correctly. Someone who isn’t trained in the field is going to end up in a far worse situation than what they realize. The emotional and financial repercussions of trying to be your own lawyer could be devastating.