There are two kinds of divorce. You want an uncontested divorce. You don’t want a contested divorce.
What is the difference? A contested divorce is like buying a car you will never get to drive. An uncontested divorce is an irritating but manageable expense.
In an uncontested divorce, the parties resolve all of the issues through negotiation that ends in a written agreement. In a contested divorce, the parties present their arguments to a judge who then makes the decisions for them.
Judges tell people that letting a stranger sort out their business is a bad way to resolve their disagreements. But a certain percentage of people insist on it anyway.
Why are contested divorces expensive? There has to be a trial before the judge can make the necessary decisions.
The lawyers have to prepare for the trial. We can’t just walk into the courtroom and wing it.
We have to be prepared to present testimony and documentation to support our client’s position. I tell people to figure on at least 3 to 5 hours of out-of-court preparation for each hour spent in the courtroom presenting their case. And that’s just for the trial.
At the beginning of the case, there are likely to be shorter court hearings about things like temporary support while the case is pending, freezing assets, and exchanging information.
The lawyers may take depositions where the parties and witnesses are questioned under oath. In addition to the lawyer’s fee for preparing for the deposition and actually asking their questions, the court reporter who takes it all down has to be paid.
Believe it or not, most divorce lawyers really prefer it when people work out their issues and come to an agreement. When a case is resolved by agreement, everyone knows what’s going to be in the final decree of divorce. If the parties battle it out in a trial, however, no one knows what the outcome will be until the judge informs everyone of their decision.
