Are you ready to start the divorce process? Check out these 4 divorce tips for legal guidance, then give our Rochester attorneys a call today.
Contested Vs. Uncontested Divorce
- Most clients say theirs will be amicable and uncontested – but the terms are considerably different.
- Your divorce is uncontested when you serve your spouse and he or she just lets the divorce go ahead. They don’t hire a lawyer, submit an answer, or come to court.
- In a contested divorce, your spouse hires a lawyer who submits an answer. Then, both sides – represented by lawyers – negotiate the important issues, including the children, money, and property.
- The essential difference is that in a truly uncontested divorce, the served party does nothing, while in a contested divorce, the other party responds and participates in negotiations.
Requiring Your Spouse to Pay the Legal Fees
- There’s nothing one spouse can do to force the other spouse to pay legal fees.
- One can apply to the court asking the judge to consider directing the other spouse to pay all or part of the legal fees.
- The court will usually base its decision on the income and resources of both parties.
- If both people make approximately the same amount, the court will require each person to be responsible for their own fees.
- The court’s decision is based on the parties’ income and resources – and whether either party has deliberately delayed the proceedings.
- A court may make an initial determination as to whether a person is entitled to assistance with legal fees, but often delays that decision until later.
Sharing the Same Home During the Divorce
- Whether both parties can live in the same house while the divorce is pending depends on the spouses’ ability to get along without too much hostility or friction – between the parties or between them and the children.
- Although there will eventually be two households and duplicate costs, during the divorce process itself, it’s better for both people to stay in one household.
- In the case of volatility, violence, hostility, or friction – or if one or both parties are too uncomfortable – it makes sense for one to move out.
- Failure to separate may result in problems such as police involvement or adverse effects on the children.
- The husband and wife must ask themselves honestly, “Can we live together while this divorce is pending?” If so, they can save money. Otherwise, one – or maybe both – will have to move.
- New York State law mandates equitable distribution, which means property is to be divided fairly between the two parties.
- Equitable distribution is not always 50/50. It simply means the couple’s property – in whatever form – is divided fairly between the husband and wife.
Are you ready to start the divorce process and have questions about our 4 divorce tips? Contact our Rochester Divorce Lawyers to schedule your legal consultation for legal guidance.
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