what kind of lawyer do i need uncontested divorce

by Jany Kautzer DDS 4 min read

You are not required by law to have a lawyer in either a contested or an uncontested divorce. In cases of uncontested divorces, you may be able to handle the case with no help from a lawyer. However, it is always the best option to at least have a lawyer go through your agreement to make sure your rights are protected.

Full Answer

What to look for in a good divorce lawyer?

Mar 29, 2022 · Do I need a lawyer for an uncontested divorce? The short answer is no. It is entirely possible and doable to complete your divorce without a lawyer. However, if you have a more complex case or want extra assistance with a professional, you may want to contact an attorney to consult with. Spouses have the right to represent themselves in court.

How much does an uncontested divorce cost?

Mar 10, 2021 · No Regrets: MGM Law is Here for Your Uncontested Divorce Amicable divorces seem simple, but they require a great deal of care, consideration, and focused legal expertise. People who attempt to DIY these divorces often end up regretting or paying for it down the road. Don’t let yourself be one of those people.

How to get an uncontested divorce?

Even if you qualify for an uncontested divorce, it is still important to have an experienced California divorce lawyer on your side. Below we will discuss how uncontested divorce works in California and how the right attorney can help. Summary Dissolution in California

What is the average price for a divorce lawyer?

Oct 11, 2021 · Actually, having been an uncontested divorce attorney for over 30 years, I believe some people choose to represent themselves because they hate lawyers, are libertarians or have other principled motives. Call the Hughes Law office for a free consultation: 770-933-0780. ← Previous Post Next Post →

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How to start an uncontested divorce?

If the parties have agreed on the essential terms of their separation, including financial issues, child custody, and property distribution, they c...

What are the steps in an uncontested divorce?

To begin your case, the filing spouse must prepare and submit the initial divorce forms with the court. Once received, the clerk will assign a case...

What to expect in an uncontested divorce hearing?

An uncontested divorce hearing is typically a brief formal procedure. Depending on the state, one or both spouses may have to attend the hearing an...

Where can I get uncontested divorce papers?

Depending on the state and county, the plaintiff typically obtains the necessary legal forms at the Clerk’s Office or the local law library. Some s...

Do I have to go to court for an uncontested divorce?

Each divorce case is unique, and a lot depends on the state where the lawsuit is filed and the personal circumstances of the couple. Sometimes, the...

What happens after you file for an uncontested divorce?

After filing for divorce, the plaintiff usually has to notify the other spouse about the case, by serving him or her with copies of the divorce pap...

What can an attorney do for you?

An attorney can help you navigate these issues and come to a solution that works for everyone. 2. Divorce Proceedings Can Be Confusing. If you choose to file for divorce alone, you will be solely responsible for managing all of the necessary legal paperwork.

Why do lawyers go to school?

Attorneys go to school for years and take on thousands in student loans for one important reason: to learn the law inside and out. When you hire an attorney to help you navigate an amicable divorce, the attorney will handle all the details and ensure that your interests and those of your ex-spouse will be protected.

Is divorce stressful?

Divorce is already a very stressful time, and having an experienced divorce attorney on your side will allow you to hand the paperwork and legal considerations off to someone else while you focus on building your future.

Is it easier to get an uncontested divorce?

Despite the presence of these requirements, it’s usually still easier to get an uncontested divorce than a traditional divorce.

What happens if you can't agree on a divorce?

If you cannot agree, the matter might need to go before the court, and litigation can be costly in time, money, and stress. On the other hand, if you and your spouse are in a relatively amicable state, ...

How to file for divorce in California?

In some states, you can file an “uncontested divorce,” which has an abbreviated process for a divorce to be final. In California, the simplified divorce process is referred to as “summary dissolution,” and there are specific requirements for you to be eligible for this type of divorce case. Such requirements include: 1 At least one spouse has been a resident of the State of California for six months or longer, as well as a resident of the county where you are filing divorce for three months 2 You must state irreconcilable differences as the grounds for the divorce 3 You must have no minor children, and neither spouse can be pregnant 4 You were married for less than five years before you separated 5 Neither spouse owns any real property except a lease agreement for less than one year 6 Aside from auto loans, neither of you have debts greater than $6,000 7 You have marital assets that are worth less than $43,000 in total, which includes retirement accounts and deferred compensation but excludes vehicles 8 Neither spouse has separate assets that are greater than $43,0000 9 Neither spouse is requesting spousal support 10 You have both signed a written settlement agreement that divides all debts and assets in accordance with the law, and you have taken steps to transfer those debts and assets accordingly

What is contested divorce in California?

Two categories of divorce cases in California are contested and uncontested. If you and your spouse cannot get along and your spouse refuses to cooperate or agree to reasonable terms, you will have a contested case. This means your attorneys will have to engage in negotiation, or you might participate in mediation to agree on unresolved issues.

How long do you have to be a resident of California to get divorce?

Such requirements include: At least one spouse has been a resident of the State of California for six months or longer, as well as a resident of the county where you are filing divorce for three months. You must state irreconcilable differences as the grounds for the divorce. You must have no minor children, and neither spouse can be pregnant.

Can a divorce be a minor?

You must state irreconcilable differences as the grounds for the divorce. You must have no minor children, and neither spouse can be pregnant. Neither spouse owns any real property except a lease agreement for less than one year. Aside from auto loans, neither of you have debts greater than $6,000.

Can you get divorced if you don't have children?

Even if you do not qualify for summary dissolution – such as because you have children – you can still have an uncontested divorce case. This simply means that you and your spouse agree to get divorced and agree on how to resolve all issues, including: How to distribute your community property.

Is divorce different from marriage?

Divorce. Each divorce case is different, as the circumstances of each marriage can be extremely different. How your divorce might proceed can depend on many different factors, including the nature of your community property, whether you have minor children, and the state of your relationship with your spouse. ...

What is an uncontested divorce?

When divorcing spouses agree on all terms of their marriage dissolution, they can pursue what’s regarded as an uncontested divorce. Also referred to as “simplified divorces,” uncontested divorces are arrangements available to couples with or without children that are typically less expensive than their contested alternative.

What is LLLT in Washington State?

But Washington offers a more accessible alternative: A limited license legal technician (LLLT), also referred to as a legal technician, is a legal professional licensed by the Washington Supreme Court. While not technically attorneys, they can provide many of the same services attorneys do in a limited capacity.

Can a lawyer represent both parties in divorce?

If you get representation, the lawyer you do decide on cannot represent both of you. While the divorce may be civil in nature, each spouse will have their own unique interests. Therefore, ethical principles come into play that require a lawyer to represent only one of the parties.

Is divorce a boxing match?

However, not all divorces resort to emotional or legal boxing matches. When spouses can compromise and keep an open line of communication throughout the process, they are able to retain control over the decision-making process as opposed ...

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