In USA, married couples have two options for a divorce: a uncontested divorce and a contested divorce. If there is mutual agreement that the marriage has ended, then a so-called amicable divorce without a lawyer in USA is possible.
Especially if there are no joint underage children, an uncontested divorce without a lawyer is relatively straightforward.
But even with children together, the spouses can already agree on how custody and maintenance should be regulated. If there are any uncertainties regarding the legal situation or if the spouses would like competent legal advice as support, then a lawyer for family law or a mediator is recommended.
It is not uncommon for heated discussions to arise on the subject of wealth distribution and spousal support because the respective parties feel disadvantaged. The mediator can achieve an out-of-court dispute settlement and, as a competent contact person, eliminate ambiguities and disputes.
A divorce is associated with costs, but the mediator is an inexpensive and conflict-free alternative to traditional legal advice and offers more security than a divorce without a lawyer in USA.
Mediation – divorce without a lawyer
Mediation – divorce without a lawyer: The help and advice of a neutral person can avoid conflicts and advance a divorce faster. Mediators represent both parties and try to work out the optimal solution for both spouses.
That is why more constructive conversations can arise in mediation because there is no aggressive urge to win against the other party. A basic conflict analysis and a pleasant atmosphere for discussion provide space for finding solutions together.
Mediation is clearly the cheaper option, because litigating a divorce in court is associated with significantly higher costs. However, the prerequisite for successful mediation is mutual consent to work together on the clarification.
This is the only way for the mediator to work out and check solutions in coordination with the wishes and ideas of both parties, and then put them in a contract.
Together they check whether the results match the goals and expectations of both spouses or whether adjustments are necessary. You can see a list of all mediators on the website of the Federal Ministry of Justice.
Joint lawyer in the case of divorce by mutual consent
In order to save costs in the event of a divorce, it can make sense to hire a joint lawyer for a mutual divorce. But you should keep in mind that sometimes different interests have to be represented in a divorce. Even forms for uncontested divorce in Utah can create a conflict.
If a lawyer represents both spouses, he must remain as neutral as possible. However, since he is usually hired by a spouse, it can happen that he ultimately only represents their interests. Therefore, it may be advisable to use two lawyers to advise you on a friendly divorce. This has the advantage that the lawyer cannot get into a conflict of interest and can enforce his client’s claims.
Divorce without a lawyer is dangerous
Divorce without a lawyer carries dangers that can negatively affect your existence in the future. Often the financial burdens from legal fees are relatively low compared to the long-term disadvantages.
By foregoing legal advice you can save costs, but you should definitely keep an eye on your future financial disadvantages.
You will incur this, for example, if you do not receive all of your assets, do not assert your entitlement to spousal maintenance or if you waive this. In the event of a divorce, however, pay attention not only to your maintenance claims and a fair distribution of assets, but also:
- Your social security status after a divorce
- The marital consumption assets (household items etc.)
- The married home
- Savings and debts
- Trial without a lawyer
If you appear at a court hearing without a lawyer, the court will give you time to reflect and advise. Before you can appear for a court hearing, you must have received counseling on the full consequences of divorce, including social security consequences and liability for loans.
If this has not happened at the time of the court hearing, the court will postpone the hearing to a later date in order to give you sufficient time for this consultation. Although a divorce is possible without a lawyer, adequate legal clarification regarding the consequences of the divorce must be obtained.
Divorce costs without a lawyer
Processing and court fees are charged for any type of divorce. But the cost of divorce without a lawyer is certainly less than that of a contentious divorce.
The divorce costs are significantly lower in the case of a uncontested divorce in USA, as there are no legal or contested costs for lengthy conflict resolution. Nonetheless, there are some fees to expect.
Legal fees as well as costs for witnesses, experts or interpreters may also apply. The amount of the court costs also depends on the amount in dispute and the number of negotiations.
Disadvantages of divorce without a lawyer
- Those who opt for a divorce without a lawyer often face disadvantages. A lawyer is a good point of contact for legal questions about maintenance claims, custody arrangements and questions about asset allocation.
- These aspects are complex legal matters that should ideally be discussed with an expert. Furthermore, a lawyer helps enforce all maintenance and property claims and intervenes as an expert between the spouses.
- In addition, a divorce has tax and social security consequences. As a layperson, you can quickly overlook financial problems that can no longer be corrected. In addition, a lawyer can prevent spouses from making too hasty concessions in a divorce settlement.
The advantages of adequate legal advice at a glance:
- A lawyer ensures that the divorce process is quick and easy.
- A legal expert can enforce property and maintenance claims.
- Detailed legal advice provides an overview of the personal divorce situation and protects the spouse from financial disadvantages.
Lawyer for family law – advice also in the case of divorce by mutual consent
Going through a contentious divorce without a lawyer can prove detrimental to you. Regardless of whether it is a uncontested divorce with mutual consent or a contested divorce, a lawyer can usually provide you with helpful hints and tips.
Advice can also be very useful in the case of an amicable divorce in order to assert maintenance claims and to avoid being disadvantaged in the division of assets. We therefore recommend consulting a family law attorney.
Furthermore, mediation offers a good alternative and in most cases achieves a sustainable solution to existing conflicts. But especially in the case of a contentious divorce, you should definitely seek detailed legal advice. A legal expert in family law can represent you competently in court.