In an uncontested divorce, the spouses reach a mutual agreement on all aspects of the separation, eliminating the need for court intervention. This includes agreement on issues like alimony, asset division, and child custody. Approximately 90% of divorces in the United States are uncontested. The alternative to an uncontested divorce is a contested divorce, where spouses cannot agree on divorce terms and must litigate issues in court. Contested divorces can take 1-2 years or more to finalize and cost $15,000-$30,000 or more in legal fees.
https://www.pexels.com/photo/couple-on-a-couch-on-therapy-session-8560013/
Benefits of Hiring a Divorce Lawyer
While an uncontested divorce is amicable, there are still good reasons to hire a divorce attorney. Lawyers help ensure all documents are filled out properly and legally. They also provide objective advice and counsel during an emotionally difficult time. Having legal guidance can make the process smoother. Additionally, a lawyer can negotiate terms of the divorce settlement on your behalf if needed. With a lawyer, an uncontested divorce typically takes 3-6 months to finalize at a cost of $1,000-$2,500.
Dangers of Not Having a Lawyer
Attempting an Uncontested Divorce without legal counsel carries risks. You may fail to meet state divorce filing requirements, leaving the divorce invalid. Or you may not understand complex financial and tax implications of settlement agreements, resulting in a bad deal. Not having an advocate on your side during negotiations could also result in an imbalanced settlement. Further, if your spouse changes their mind, an attorney can quickly initiate contested divorce proceedings. Despite the amicable nature, 40% of couples with uncontested divorces still hire lawyers to avoid these dangers.
Protecting Your Interests
A lawyer protects your interests in an uncontested divorce by:
● Ensuring all required paperwork is filed properly with the court
● Advising you on laws regarding division of assets and debts
● Calculating tax implications of settlement agreements
● Drafting equitable divorce settlement terms
● Reviewing and approving final divorce decree
● Keeping the process legally sound if it becomes contested
Having an attorney ensures your rights are protected under the law. A divorce lawyer handles technical legal details so you can focus on the emotional aspects.
Obtaining Legal Advice
Regardless of how amicable a split appears, independent legal advice is recommended. A lawyer provides impartial counsel to help you understand your rights. An attorney will explain laws pertaining to:
● Child custody, visitation, and child support
● Spousal support or alimony
● Division of property, assets, and debts
● Health insurance and retirement benefits
● Tax implications
Getting expert legal advice provides perspective on whether a proposed settlement agreement is truly equitable.
Even if you think you and your spouse are on the same page, sitting down with a lawyer often brings up items that require negotiation you hadn’t thought of.
A Smooth Process
Having a skilled divorce attorney ensures your uncontested split stays amicable and moves through the legal system smoothly. Lawyers manage communication with your spouse’s counsel, the filing of court papers, and keeping things on track. This simplifies the process for you. Additionally, if your spouse has a change of heart, your lawyer can swiftly initiate contested divorce proceedings. In over 95% of cases, having a lawyer results in an uncontested divorce being successfully resolved without court intervention.
Is a Lawyer Necessary?
While not legally required, consulting and retaining a divorce attorney is highly recommended for an amicable uncontested divorce. With so much on the line, a lawyer provides experienced counsel and advocacy worth the cost.
Jessica has a flair for writing engaging blogs and articles. She enjoys reading and learning new things which enables her to write different topics and fields with ease. She also strives to break down complex concepts and make them easy for anybody to comprehend.
