A divorce attorney can help reduce the chances of a divorce case, I that's something you want to avoid. It can be a painful thing to confront a former spouse in court, especially if they have moved on and have a new significant other in court with them.
It can also be painful if the spouse is trying to push every advantage they have against you. In this case, the divorce may actually make it to court. The key issue about whether a divorce will go to court or not is whether it's contested, and to what degree it's contested.
If you really don't want a divorce to go to court, then the simple way is to get your divorce attorney to come to an agreement with your spouse, probably through their divorce attorney.
Contestation
Any serious kind of contestation, like who should have custody of the kids, or who should own a particular house or piece of land, will likely end up with the case going to court if there is no way to come to an agreement on it.
That said, even if you get an uncontested divorce, it's helpful to consult a divorce attorney.
Spousal support is another area where you and your spouse may come to a contestation. This is because the exact details of alimony and child support can have large and long lasting effects on not just the parties involved, but possibly their children as well.
Formal Versus Informal
Formal hearings require you to go over the details of the case form the very beginning. Informal hearings are simply updating the judge on any new developments in the case.
The number of formal versus informal hearings can determine how much of a hassle a case might be if it does go to trial, for instance.
Divorce Attorneys
The hiring of a divorce attorney is really something you should do especially if you think the case might go to trial. Discussing the possibilities of the case with a divorce attorney might be a good way to determine what the chances are of a trial and subsequent ally whether you'll need a divorce attorney or not.
It's definitely not the case that hiring a divorce attorney will immediately send a case to trial. In most cases, divorce attorneys can help avoid the necessity of a trial by negotiating terms more effectively with each other then you and your spouse were able to do on your own.
Generally, a divorce attorney is a good idea if there is even a hint that the case might end up in trial, since without one you might be quite lost in the legal jumble.
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