How a Lawyer Helped with Mutual vs. Contested Divorce Consultation

Divorce is a big life decision that is often stressful. It deals with a lot of complex legal processes. Knowing your options and how the process works is important. This case study shares the story of a client who sought divorce consultation to help them understand their choices and take the next steps.

Situation

Seeking Help of Divorce

Five years into a marriage that has been fraught with disputes, one individual now feels the time is very right for pursuing a divorce. Spouses fight constantly, and witnessing that leaves an individual feeling like they are butting heads all day. The next thing they did was to consult with a lawyer on understanding the process. Before deciding to press ahead, the individual had already been served with legal notice but was seeking direction as to the course ahead.

Two Types of Divorce

The lawyer explained the two main kinds of divorce: mutual divorce and contested divorce, which are very different in terms of time, cost, and modality:

Mutual Divorce

It is most agreeable to both spouses in all aspects, such as division of property, child custody, and spousal support. This process goes more smoothly and takes approximately 6-8 months.

Contested Divorce

In this case, one spouse disagrees, or the couple cannot agree on terms. More than one year can be spent on this route, and more legal work is involved in it that includes court hearings and collection of evidence.

The lawyer ensured that the person understood all pros and cons accompanying either option.

Solution

The divorce lawyer analysed his situation and reached the best conclusion for his case.

Why Mutual Divorce?

The lawyer advised mutual divorce as the best alternative if the spouses are agreed. Here are his reasons:

It Takes Less Time: It is faster, normally within a year.
Costs Lesser: Less legal fees because of fewer visits to court.
Less Stressful: More relaxed, that is, cooperation by parties.

Grounds for Contested Divorce

Also, the lawyer said this might warrant a contested divorce when there is no agreement between the spouses. But it has its own drawbacks:

Will Take More Time: It normally takes over a year; sometimes even longer than this.
Will Cost More: Legal fees and the court expenses seem to pile up.
Emotionally Harsh: Such a sort of process would usually increase stress, and that too, due to the court battles as well as disagreements.

This much clear explanation really helped the person understand the facts about the good and bad parts of both options.

Did You Know?

A cooling period is generally required for many places in mutual divorces. This will give couples some time to sit back and think about their decision before actually finalising it.
Most of the time, contested divorces are mediated. They try to help the couple solve their problems without going into a courtroom.

Further Actions

The person said they were interested in proceeding with the divorce, confirming next steps over WhatsApp through the lawyer.

The lawyer also counselled this individual to solicit their spouse’s opinion regarding their choice in mutual divorce. It would then save a lot of time, money, and stress. Should the matter happen to be contested, the lawyer opened up on how it would pan out: he would file the appropriate documents, prepare the evidence, and guide the individual in following the court process.

Conclusion

This case study demonstrates the necessity of taking legal counsel in a troublesome life event such as divorce. Zolvit made an individual aware of how best to proceed in this situation.

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