Contested Vs. Uncontested DivorcePutnam Law Office
When it comes to divorce, there are two main categories that can determine what will happen in court: contested and uncontested divorce. Depending on which one of these categories you find yourself in, you will likely need to hire a lawyer, prepare to cover a lot of expenses, and build a strong case for your defense. It is important to understand these concepts because knowing them ahead of time could potentially save you time and money.
An uncontested divorce is when you and your spouse agree on what will happen after the divorce is finalized. This may involve financial divisions, child custody, and child support. To make this choice official, you and your spouse will both need to submit certain documents to the court for approval, including a marital settlement agreement, parenting plan, schedule of visitation, custody schedule, child support worksheet, and financial affidavit.
Even though there is no conflict in this decision, a judge will still schedule a hearing to complete the divorce process. This is the least expensive option because an attorney is not required to settle any disputes.
The contested divorce option can be expensive because both spouses are in disagreement on financial matters and child custody decisions. First, both partners will attend a hearing where a judge will determine what evidence is acceptable to move forward in a trial. Their financial spending and assets will be frozen with an Automatic Temporary Injunction afterward. In most cases, both partners hire their own family lawyer because representing oneself in court without legal assistance is a risky endeavor.
Court fees and lawyer requests of documents, subpoenas, and witness interviews all add up the expenses for this type of divorce. Some cases end up costing thousands of dollars. However, not hiring an attorney may lead to severe financial losses if your partner ends up winning the majority of your finances in court, which will end up costing more money in the end.
Should I Hire a Divorce Lawyer?
If you are concerned about the costs of hiring a family lawyer, there is an alternative in which you can still hire a lawyer and save money. This alternative is to have your lawyer file a motion for attorney fees, which asks the court to order your spouse to pay fees for hiring your lawyer. To do this, you usually need to meet some prerequisites like low-income, you need a lawyer for a fair deal, and your spouse can afford your lawyer fees.
Oklahoma City Family Lawyer
If you are currently going through a rough divorce in which you are concerned about what financial struggles you may face after the separation, then consider talking to a divorce lawyer who will be able to help you make the decisions necessary to obtain a fair deal. To talk to a family lawyer, contact Putnam Law Office at (405) 726-1010 for consultation. Mr. Putnam is an Oklahoma City attorney who puts clients first and will work with you to protect your rights.