In mediation, you and your spouse work with a mediator
Dina Haddad
March 16, 2023
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Dina Haddad
Founder & Attorney Mediator
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created The Complete Divorce. I took my successful mediation practice and condensed it into an affordable and winning program.
Is a divorce lawyer needed when we agree on everything? In most California divorce cases, the answer is no.
If you have an uncontested divorce (you both agree on everything), you can generally do it without an attorney. As per California Court Rules, you may choose to represent yourself.
The determining factor will always be how much you and your spouse agree on all terms, and how simple are your terms.
An attorney or divorce professional, like a mediator, could be needed if you have complicated or complex assets, a large estate, variable income, or a pension plan.
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This guide will explain when you should hire a lawyer for your uncontested divorce, in case you feel the need to make that decision.
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An uncontested divorce is one in which you and your spouse agree on everything: property, child custody, support, etc. This is the fastest way to get a divorce. For a complete overview, see an uncontested divorce guide.
In contrast, a contested divorce involves disputes that will require a court trial. These cases usually take longer to resolve, cost more money, and can be stressful.
In many counties, if you do need a trial, you may have to wait 6 months or more for court time. Also, research shows that such litigation can negatively impact the quality of life and the kids. Learn more about contested vs uncontested divorce.
In order to have an uncontested case, you and your spouse will agree on:
You might not agree yet, but at the end of your matter, you would need to reach a resolution. Under California Courts’ rules, you are not required to hire a lawyer.
You may represent yourself and complete the process if everything is agreed upon. While the legal system can be complex, a structured approach helps you remain in control and focus on finding solutions rather than getting caught up in conflict with your spouse.
If you’re asking, “Do I Need a Divorce Lawyer if We Agree on Everything?” the answer depends on how simple is your divorce and whether you and your spouse will be cooperative with one another.
If you and your spouse agree on all major aspects with no complex legal issues at play, then it is possible that you do not need a divorce attorney.
This would also be an uncontested divorce. Conversely, most contested divorces would require legal counsel to represent them in trial.
Your worries of “I need a divorce lawyer, but I am broke” could be solved by doing an uncontested divorce. A couple can then make use of free or low-cost self-help resources provided by the California Courts.
An uncontested divorce also results in lower costs than a contested case, which can become very costly down the road.
While there may be minor disputes, if both spouses wish to avoid litigation, mediation can be used to facilitate an agreement. Once you resolve your dispute(s), you can continue with your uncontested divorce proceeding without having to retain a divorce attorney.
When there is no asset complexity, child custody issues, or complicated income streams, the process and agreements are simpler.
In other words, once you understand the divorce process, you can follow those steps to complete your divorce without an attorney. You will be able to devote your time to properly completing paperwork rather than getting absorbed in needless and expensive court hearings.
Short-term marriage divorce cases tend to be easier due to fewer shared assets and the lack of necessity for long-term support agreements. Therefore, an uncontested divorce becomes more practical.
Spouses who have already agreed upon every detail of the divorce will find that the majority of the divorce involves just filling out paperwork. So, finding a lawyer is not necessary, and this also helps in avoiding a lot of unnecessary hostility.
Many couples think they need a lawyer even when they agree on all issues. But in most cases, if the couple agrees on everything regarding their case, they can represent themselves through self-representation, do-it-yourself (DIY) divorce, or an online filing system.
Most of the time, fear of the unknown keeps couples from representing themselves. Fortunately, The Complete Divorce offers an alternative to hiring a lawyer, guiding you through filing forms, submissions, and all phases to ensure accuracy and legal compliance.
You may be worried that you are not legally competent enough for the complexities of the law or that one little mistake could negatively impact your future. Uncertainty regarding how to handle questions about property division or custody may cause you to feel unqualified, even though your case has been agreed upon by both parties.
The forms required for divorce may appear very complicated. You may not know what forms are needed for your situation or how to fill out those forms. So to avoid having your paperwork rejected by the Court, you might opt for a lawyer instead.
You may also have concerns about where to file your petition, what the costs are going to be for filing the petition, and/or what is the proper procedure to follow in order to “serve” documents. The process of filing FL-100, paying the appropriate fees, etc., can be confusing unless you receive some form of guidance.
You may also wonder whether your agreement is equitable, fair, or complete. Concerns about drafting and submitting a marital settlement agreement are why many quickly hire a lawyer, despite both parties agreeing to all terms.
You don’t need an attorney if you are able to work together and come to an agreement on almost every detail of your divorce. The Complete Divorce is an easy-to-use method that enables you to take care of your own Uncontested Divorce without needing to have an Attorney represent you.
With The Complete Divorce, you get access to supported forms, step-by-step instructions, and continuous support to help you correctly file your divorce papers. You will also be given tools, educational materials, and additional resources, all consistent with California Court requirements.
You don’t always need a lawyer for a divorce. Uncontested divorces are when both spouses agree on every aspect of their divorce. This means you won’t have to worry about long-term, expensive conflicts; you’ll be able to get through this difficult time efficiently.
However, the biggest factor will be how accurate and organized your information is, and if you follow the proper procedure. When you use the right tools and guidance, you can move with confidence and feel in control while completing your final paperwork.
Visit The Complete Divorce for a more efficient path forward for your divorce.
The judge will not deny an uncontested divorce for substantive purposes, but if it fails to meet required procedural elements. In other words, the divorce forms and agreement have to be properly completed. If you have errors, your papers will be rejected.
An uncontested divorce means that the parties resolved their divorce without the need for a trial. The downside could be if the party only agreed to avoid trial, but could have benefited from a court order as opposed to their settlement agreement.
A judge reviews your original divorce petition forms and reviews your settlement agreement. If both meet the California Court’s requirements, then the judge will sign the Judgment and finalize your divorce without having to hold a trial.
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