Legal Question in Family Law in New Jersey
non-contested divorce
I would like to know, if you filing non-contested for divorce, who is responsible for lawyer fee? both parties or the one who is initiate the process? How the amount will be divide? is it 50%-50%? Do lawyer ask for more funds after the initial processing begun? How long a non-contested divorce takes, if you separated from your spouse for a year? does the both parties need a separate lawyer?
2 Answers from Attorneys
Re: non-contested divorce
If the divorce were truly nonconstested you and your spouse would be able to agree on who pays the legal fees.
Give me a call for a brief outline of the divorce
process which is easier to explain in a person to person communication. The way that you have posed
your question indicates to me that what you need is a simple explanation of how a divorce is obtained and what is involved.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: non-contested divorce
Ah. I love questions like this one.
By definition, an "uncontested divorce" is one in which there are NO disputed issues. The payment of the attorneys' fees is simply another issue. If you wish to file an "uncontested divorce" with the cooperation of your spouse, then who pays the attorneys' fees is entirely a matter for you to resolve with your spouse.
I would suggest you do this prior to filing, because otherwise you will not have an entirely "uncontested" divorce.
In general, even in a supposedly "uncontested" divorce, each spouse should have their own attorney, because it is unethical for an attorney to represent both spouses in a divorce proceeding.
It makes sense that each spouse should pay their own attorney.
If the divorce is filed as "uncontested", then the court certainly won't award you attorney's fees. Whoever hires an attorney is obligated to pay that attorney.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]