Key Issues of Importance in an Uncontested Divorce to the Lawyers

Choosing a divorce lawyer is never an easy or inexpensive task, but you can reduce the fees and aggravation if you and your spouse can agree to an uncontested divorce. That doesn't mean you have to agree to everything in advance although that would certainly reduce the costs even more, but if you can at least agree to the divorce, it will cost you less. Keep in mind that divorce lawyers charge both flat fees and hourly fees, so the more time the divorce lawyer has to devote to your case, the more it will cost you. rnIn spite of the fact that many states adhere to "no fault" divorce, contested divorces are still in existence. While it is unlikely the spouse contesting the divorce will win in a "no fault" divorce state, it will certainly hold up the proceedings and ultimately cost both parties more money. Remember, if you live in a "no fault divorce" state you will do nothing but delay the proceedings—you will not be able to stop them. Instead of delaying the inevitable, spend the time and energy to hire a divorce lawyer that will help you work out an equitable settlement. rnIf you have a suspicion your spouse is going to contest the divorce, it is a good idea to fill your divorce lawyer in on the circumstances. The more information you provide your divorce lawyer, the more information he or she can provide to your spouse's lawyer. If there is the potential for a contested divorce, the lawyers can discuss it with their prospective clients and attempt to reach an equitable agreement that may prevent an expensive and costly divorce. Lawyers are in a better position to work with divorcing couples in order to reach a compromise that will appease both of them. rnIn order to increase your chance of an uncontested divorce, you and your divorce lawyer should identify the following areas that usually cause the most contention: • Custody of the childrenrn• Distribution of children supportrn• Visitation privilegesrn• Allocation of alimony or spousal supportrn• Allocation of real estate and other marital property including bank accounts, retirement funds, CDs, household goods and vehiclesrn• Assignment of investment funds and debtsrnThe easiest way to avoid a contested divorce is to avoid making a decision about divorce in the heat of the moment. Allow yourself time to cool down and things about things before you make the decision—sit down and calmly discuss the current status of the marriage and those things that have led to your desire to retain the services of a divorce lawyer. You will find it much easier to discuss the future of your assets and children if you do not make a hasty decision.rnAnother important part of filing an uncontested divorce is choosing a lawyer that makes allowances for the reduced time that is necessary in both preliminary negotiations as well as in the courtroom. A client filing an uncontested divorce should not have to pay the same fee as one involved in a bitter and long drawn out court battle.