In a contested divorce, how does my attorney get paid? In order to legally dissolve a marriage, a divorce decree will have to be obtained. Divorce decrees are granted by the Circuit Court. A divorce decree can either be obtained through an uncontested divorce, or it can be obtained through a contested divorce. The cost, time, and complexity of each divorce proceeding depends on which type of divorce is pursued.
Uncontested divorces are pretty simple. They can usually be completed amicably between the two parties. This is because an uncontested divorce involves a marriage settlement agreement and is a great way to get a divorce online. A marriage settlement agreement is a legally enforceable contract that is signed and understood by both parties. Marriage settlement agreements state in detail each term of the divorce and what will happen with them once the divorce is finalized. These terms typically consist of matters like spousal support (alimony), child support, child custody, and marital property.
Uncontested divorces in Jefferson County do not require the parties to go before the Circuit Court judge. Instead, the marital settlement agreement and Divorce Petition are filed and reviewed by the judge without a trial because the parties have already agreed to every term of their divorce, and they do not need the judge to decide the terms of their divorce for them. This makes them cheaper than contested divorces.
On the other hand, contested divorces occur when the two parties are not capable of coming to an agreement regarding the terms of their divorce. Even if there is one term that they do not agree on, they will have a contested divorce. Contested divorces are much more complex than uncontested divorces, and they require the parties to go before a Circuit Court judge. They often take a long time, too. This is because the parties have to go back and forth and try to negotiate and compromise on the terms of their divorce. Because contested divorces can take months to years to finalize, they tend to be much more expensive than cheap uncontested divorces.
Divorce attorneys can charge for their representation in a variety of ways. Their charges are based on which type of divorce the parties are pursuing. If they are representing a client in an uncontested divorce, they tend to charge a one-time flat fee not including the cost of court filing fees. These flat fees are possible for uncontested divorces because the divorce attorney simply has to draft documents and file them with the Circuit Court. However, contested divorces cannot be done on a flat fee. If you are getting a contested divorce, your divorce lawyer in Birmingham will charge by the hour because there is no way to correctly predict the amount of time and resources that your case will require. If you have questions about contested divorces and how they are billed, contact one of our experienced divorce attorneys today.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!