FAQS Contested vs Uncontested Divorce

What is a contested divorce?

A contested divorce is when the parties involved cannot come to an agreement on the terms of their divorce. When it is contested an attorney needs to represent you in court so that the judge can use the law to divide your property, assets, and child custody.

What is an agreeable divorce?

An agreeable divorce (uncontested divorce) is when both parties can agree on all aspects of the divorce and do not need an attorney or judge to help them divide their property or custody.

What if I have a contested matter?

Unfortunately, you may require the assistance of an attorney. Most counties require that a hearing be set to finalize all the issues of a divorce when there is no agreement. Since we are a paralegal service providing document preparation, we are unable to give legal advice. That does not mean that you cannot proceed on your own, but because of the legal system and depending upon your particular circumstances it may be prudent to obtain legal counsel.

I can obtain legal documents from the court. Why do I need your service?

That is correct, you can obtain the legal documents from several sources. However, the court will not assist you in filing the documents. You are obtaining our services for the experience and expertise we possess in knowing the practices and procedures of your particular county and how to file the documents with them. Some services do provide instructions on how to file, but if there is an error when you go to file them the clerk will not help you. You would not want to get to court and then find out you did not check the correct box or you have the wrong document. Our certified paralegal in Orange County will make sure your documentation is prepared thoroughly.

What are the benefits of an agreeable divorce?

With an agreeable divorce, you can divorce with terms that are beneficial to both parties. You and your spouse can divide your property, assets, and custody in a way that is specific to your needs versus how a judge would mandate you to handle your separation. The process will also save you time, as you do not need to visit court or an attorney’s office. It is also more cost-effective as the fees are less than a traditional attorney would charge.

What if I have already started the process with someone else or started and paused and need help finishing the divorce?

As long as both parties are agreeable, we can pick up where you left off and help you through the process. If you retained an attorney your attorney of record will need to be substituted out to allow the process to proceed as uncontested.

Do I need to pay the court fees again?

If your case is still open and has not been dismissed you will not need to pay the court fees again. Our office will ask you for your case number so we can check the status of your case and put together a game plan on how to proceed in finalizing.