When it comes to choosing an attorney, several crucial considerations should guide your decision-making process. It is vital to assess an attorney's prior trial experience, their willingness to go to trial when necessary, and their ability to provide you with the assurance that your legal rights will be robustly protected. Some law firms promote themselves using certain lawyers, who may remain inaccessible to you if you retain their services. We understand the significance of open communication, and we believe that your attorney should be readily available to address your concerns, working collaboratively as a dedicated team to resolve your case.

In the past, divorce required proving that your spouse was at fault for the breakdown of the marriage. This often necessitated demonstrating fault grounds such as adultery, spousal abuse, incarceration for a felony, or insanity. Proving fault was a challenging and resource-intensive process. However, all states have now adopted no-fault divorce laws, allowing couples to divorce simply because one or both parties no longer wish to be married, eliminating the need to assign blame.

An uncontested divorce is one in which there is no opposition to the requests made in the complaint or petition, or where both parties reach a mutual agreement on the divorce terms, including property and debt division, alimony, child custody, and support. Such cases, marked by complete consensus and cooperation, are often referred to as consent divorces.

The divorce process commences with the filing of a Complaint or Petition, the terminology of which varies depending on your state of residence. A copy of the Complaint is typically served on your spouse, usually by the sheriff's office or a process server. While this may not be necessary in cases of mutual agreement, the response of your spouse will determine the subsequent course of action. Possible scenarios include reaching an agreement, your spouse initiating legal action, or a non-response. The process may involve the submission of various documents, primarily financial declarations, potentially leading to complex proceedings and formal court hearings.

Divorce expenses encompass both fixed and variable costs. Fixed costs encompass court filing fees and expenses related to the service of legal documents to your spouse. These costs vary from state to state. Variable costs include fees associated with document preparation and legal representation by an attorney. Attorney fees can vary significantly based on case complexity and the extent to which issues are contested. Additional expenses may arise if the court orders mediation for disputed matters or if the involvement of a financial analyst becomes necessary due to intricate property concerns.

The duration of a divorce case varies depending on several factors, including the ability to locate your spouse. Efforts to find your spouse may include comprehensive searches, such as checking local directories, consulting friends and family, reviewing postal records, examining property records, verifying employment details, and searching state records for driver's licenses or vehicle registrations. If your spouse cannot be located, a process called service by publication may be required, allowing the divorce to proceed. However, full property division, alimony, or child support may not be granted until your spouse is personally served with court documents.

Even in uncontested or simplified divorce cases, some form of hearing is typically required before a judge. This hearing may take place in the judge's chambers or a courtroom. You and your spouse may be required to attend, and a witness may be needed to confirm residency requirements. In cases with a signed settlement agreement, the hearing typically lasts less than 30 minutes and serves primarily to ensure the proper documentation, notifications, and residency requirements are met.

At Besserman Law, your active participation is valued, and we will never settle your case without your consent. While recommendations may be offered, the ultimate decision-making authority always rests with you, ensuring that your preferences and interests remain paramount throughout the legal process.