In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody. An uncontested divorce will proceed through the system more quickly, and be much less complicated, and less of a financial burden on either party.
HOWEVER, even if both parties agree on a settlement and the separation is very civil, it is still highly recommended that you consult with an experienced divorce attorney before you sign any papers.
Why You Should Have an Attorney in an Uncontested Divorce
Even if you and your spouse agree on everything, it is a good idea to have an attorney on your side. To protect your own interest and rights in the divorce, you should hire your own attorney. If your spouse hires an attorney, that attorney can only represent your spouse. If something were to come up that you don?t understand, or your spouse wants to make changes that you don?t agree with, you will need an attorney of your own to help you through that process.
Advantages of Uncontested Divorce
The most obvious advantage of an uncontested divorce is cost. Uncontested divorces are usually less expensive than contested divorces. Even when there are attorneys involved preparing the paperwork, the fees can be kept low if the couple is able to reach an agreement without resorting to court proceedings. Staying out of court is another advantage. Keeping conflict to a minimum can speed the recovery time for everyone involved.
When Uncontested Divorce Is Not a Realistic Option
Couples who have complex issues and major disagreements are very unlikely to have an uncontested divorce. Major differences in financial or emotional power may complicate matters. A spouse who has experienced, or who fears domestic violence by the other spouse, definitely needs to have legal representation.
Even when an uncontested divorce isn?t an option, a couple might still consider whether they can settle certain issues out of court or submit some issues to arbitration since litigation is both adversarial and expensive.
What to Expect When Working With an Attorney for an Uncontested Divorce
Your lawyer will meet with you and you will work together on the key issues. Your lawyer will explain to you which documents need to be filed and why. You and your lawyer will then produce the paperwork that you and your spouse will need to sign.
Once the papers are prepared and presented to the other spouse for their signature, the other spouse may wish to have their own attorney look them over to make sure everything is in order like they agreed. Once this is done, the papers can be signed at the lawyer?s office, either together or individually.
The lawyer then takes the documents before a judge for approval. Once the judge approves the documents and signs them, the divorce is official. You will be notified by your attorney when this process is complete.
Divorce is a complicated issue whether it is uncontested or not. Very often parties reach an agreement without fully understanding their legal rights and the legal ramifications of the agreement.
The divorce lawyers at Sherer Law Offices will act as your legal advisor to ensure the agreement you reach with your spouse will truly protect you and your children. At Sherer Law Offices, we make sure you are informed very thoroughly of your legal rights and we provide you with specific answers to your case.