When it comes to divorce, there can be a lot of questions. Finding the answers to these questions shouldn’t be difficult, but once you start researching, you end up with thousands of resources that offer differing, vague, and often incorrect information on the process of divorce.
For this reason, we receive calls on an almost daily basis from people wanting to better understand what a divorce looks like, how much it costs, and what it will take from them and their family.
We want to contribute to the conversation and shed some light on some of the most frequent divorce-related questions we hear:
1. What is the difference between a contested and an uncontested divorce?
In an uncontested divorce, both parties agree on all matters and sign a marital dissolution agreement to be approved by the court. Essentially, the decision (and every element of it) is mutual.
We often find that while both parties anticipate and desire an uncontested divorce and can agree on mostmatters, they’re are still unable or unwilling to reach a final agreement on all matters. Although ultimately these issues get resolved before trial, they are still considered contested cases. Additionally, when substantial assets or debt, spousal or child support, and custody and visitation come in to play, divorce cases are more likely to be contested, since it’s typically more difficult to reach a mutual agreement in these areas.
2. How much will my divorce cost?
The difference between a contested and uncontested divorce makes a big difference in terms of ultimate divorce cost. Because, although many divorces are similar in how the law applies to the facts, costs can range widely depending on the how much is in dispute and how willing the parties are to reach an agreement. In an uncontested divorce, there’s relatively no dispute and both parties are willing to reach an agreement. Hence, an uncontested divorce is typically less costly, with attorney fees ranging from $1,000-$2,500 and court costs generally ranging from $300 – $500. In a contested divorce, attorneys fees will range from $3,500 – $35,000 (and up) for couples with complicated issues (child custody, alimony, etc.) or high value marital assets. In addition, divorce mediation can range from $500 – $5,000 and is required before contested cases are tried.
3. How long will it take for my divorce to become final?
The minimum waiting period for a divorce is 60 days (if there are no minor children) or 90 days (if minor children are part of your family) after filing a petition. However, given the court’s schedule and time required for filing the petition, it’s best to add an additional 30 days to the minimum waiting periods. These time periods assume that the divorce petition is filed for irreconcilable differences. If other causes are cited as the reason for the divorce, the divorce proceeding will likely to take much longer.
We’re always happy to discuss your particular circumstance, so feel free to contact us if you have questions related to your current situation.
