How to choose an uncontested divorce lawyer San Diego

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How to choose an uncontested divorce lawyer San Diego

Divorce can be a very devastating experience, both emotionally and financially. Uncontested divorce could be a better option for couples who do not prefer court hearings, having a judge create their custody and visitation times, and telling them how much to pay for child support, as well as how to divide property. It is also a cheaper option with regards to legal fees. In this article, we focus on the types of uncontested divorce and how to choose an uncontested divorce lawyer San Diego.

Types of uncontested divorce

We will look at two kinds here. The first is where a default is taken. There is no reply that is filed. The other spouse does not respond or participate in any way.

The second type is where both spouses agree to terminate their marriage and reach a mutually satisfactory agreement on spousal support, property division, and any other issues about finance. They then need to complete the mandatory requirements, for a default with an agreement (through a summary dissolution or non-summary dissolution).

It is important to note that each county follows different procedures when it comes to uncontested divorce. Ensure that you follow the Superior Court rules and forms in San Diego uncontested divorce.

How to choose an uncontested divorce lawyer San Diego

1. Identify your needs

You need to determine your goals, preferences, and needs. Are there any areas of contention? What are your expectations? You need to do some soul searching to know what you need and want from your spouse and attorney.  According to the CTC Investigations site, if you need proof of infidelity, or other types of investigations you may need to contact a private investigator.

2. Have a budget

Asking for referrals from friends, family, and colleagues is a good way to estimate your legal fees. If you have limited funds, you could seek free alternatives, for instance via the state government. Before you hire an uncontested divorce lawyer, ask for their legal fees. The last thing that you need is adding more financial strain to your divorce situation.

It is possible to pay a flat fee for an uncontested divorce. This fee could be increased by other costs like revisions to the documents drafted by the lawyer, and other out of pocket costs.

Sometimes, an uncontested divorce may end up being a contested one. How would the fees change?

Most importantly, do not agree to pay any fee or rates that are not in writing.

3. Put together all necessary documentation

Once you have identified your needs and set a budget, you need to put together some documentation, for instance, you and your spouse’s financial information – tax returns, investment, financial, retirement savings, and credit card statements; insurance policies; real estate documents, loan applications, expenses, and debt.

4. Look out for attorney’s experience and education

At a minimum, the attorney needs to have graduated from law school and passed the bar exam in San Diego. You may want to ask for more credentials from your lawyer.

The uncontested attorney’s experience in handling uncontested divorce cases is very crucial. Sometimes, going for an attorney with expertise in other fields of law may help. Most of the times divorce requires that contact with the other spouse or children be maintained. An attorney with a diverse experience could help you in other divorce-related areas as well.

When you and your spouse agree, the lawyer should be able to handle the rest. They should recommend changes and suggestions that the court might not approve, and then draft the agreement in a manner acceptable to the court. The attorney can get your spouse to sign the papers and answer any questions about the paperwork.

The attorney should also file the signed documents and handle any issues that may come up during the filing process. If attendance of a hearing is not required, the attorney should be able to have the final decree signed, filed and a copy sent to each spouse. If there is any hearing, the lawyer should act on your behalf.

It is important to ask your attorney what to expect throughout the uncontested divorce process including what to expect during the hearing, and whether you or your spouse need to be physically present.

How your uncontested divorce attorney responds to your questions will tell how much experience he has handling uncontested divorces. Your lawyer should also be ethical and have your best interests. Since you already know what you need, this should be easy to identify.

It is important to know when it is appropriate to contact your lawyer for questions, and the best channel to use.

All in all

Divorce even when uncontested is still quite stressful. Following the above steps when choosing an uncontested divorce lawyer, San Diego will take out the stress that you can avoid.