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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34268
Experience:  16 yrs. of experience including family law.
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My husband and I are getting divorced. We have 2 children.

Customer Question

My husband and I are getting divorced. We have 2 children. We have agreed to make this amicable as possible. Do both parties need lawyers or can they use one? And can we use a mediator rather than going to court?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

A divorce can either be contested or not contested.

Uncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)

Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This takes longer and involves attorney fees for both sides.

SO, if you can agree with your "soon to be ex" on who gets what, great! Seriously...that will save you BOTH time and money

SO...how to proceed...do you need a lawyer?

You can hire a single lawyer (to represent the both of you)...or you can each pay lawyers (to advise you)

But, frankly, if you can agree, you do not need a lawyer at all

Services like this one
http://info.legalzoom.com/uncontested-divorce-kansas-24771.html

Can walk you through the entire process...no need to pay a lawyer.

That said, I would recommend each of you, separately, make an appointment and spend an hour or two with a local attorney (pay them for their time) so you can understand, for yourself, with a lawyer you are paying for, what would likely happen if you had to go to a contested divorce...then, knowing this, it makes it easier (I believe) to negotiate with your spouse on the actual terms you will agree to

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

sorry for the double post..please disregard this.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.