Divorcing your spouse is the legal and social separation of a married couple. Divorces can be broken down into two types: contested, which means that the spouses are fighting with one another in court, and uncontested, which happens when both spouses agree on all the terms of their divorce and do not have to go to family court.
Can Both Husband and Wife File for Divorce
If you’re married and want to divorce, but your spouse disagrees, the court may need to get involved to file the divorce papers.
In most states, one person can petition the court for a divorce on behalf of both partners. However, it’s only legal in some states if your spouse agrees or if you have grounds for an annulment or separation.
Unilateral Divorce
One partner files a divorce petition with the court, and after submitting divorce papers to the court, the other spouse is notified by mail. The spouse who didn’t file probably won’t be surprised since it’s relatively common for one person to seek a divorce without the other spouse’s involvement.
If you have the proper state court forms and follow the correct procedures, you’ll generally be able to get divorced without your spouse’s consent and without having to go through a waiting period. You can get free legal divorce papers online.
For a successful divorce petition, you will need a lawyer and all of your divorce paperwork, including your marriage certificate and any previous divorce papers from your spouse’s previous marriage or previous marriages.
Oftentimes, people are hesitant to hire a divorce lawyer, because they don’t want to pay the fees, but what these people don’t realize is that hiring a divorce attorney can usually make things cheaper. Here’s how.
Filing Fees.
Though each state is different, the cost of actually filing for a divorce can cost hundreds upon hundreds of dollars. In Arizona, for example, it costs the person filing $328, and the other person $259. With costs like that, you’re going to want to do it correctly, which a divorce lawyer will be able to do for you.
Child Support.
If you have children, you’re going to have to also consider the cost of child support, too. According to data from the U.S. Census Bureau, the average monthly child support payments cost $430 per month in 2010. That’s over $5,000 per year. Hiring a divorce lawyer can help you get the fairest amount possible, be it a little bit more to help you raise your kids, or a little bit less to help you adjust.
Hidden Fees.
There are also a number of different, hidden fees that you likely don’t even know about. When filing for a divorce, you’re probably going to have to pay a fee for a custody evaluator, expert fees, legal research, deposition transcripts, and subpoenas. Hiring a divorce lawyer can help keep these costs in check.
Divorce is stressful enough, so why go through it alone? Divorce lawyers have the legal experience you need on your side to ensure that you get the fairest settlement possible. They’re there to help you handle the complicated paperwork, and reduce the amount of stress you’re under.
Basically, if you’re getting a divorce, you need to find an attorney. These legal experts will not only make the process easier, but cheaper, too. If you have any questions about hiring these family law attorneys, feel free to share in the comments.
