Considering an uncontested divorce? Consider expert help

May 30, 2013

Filing for divorce is a big decision. Divorce can be emotionally draining and may affect the finances of the divorced couple for an extended period. It is understandable that many people want to get the process over with quickly and with as little expense as can be managed. A divorcing couple may also wish to keep the divorce as civil as possible.

Many people avoid speaking to a lawyer before filing for divorce because they believe that an attorney will prolong the divorce process, make the divorce more contentious and run up legal bills. However, an attorney may actually speed up the process, ensure a spouse's rights are upheld and help people through a difficult life transition -- even in an uncontested divorce.

An uncontested divorce means the couple has agreed on all matters related to the divorce. This includes what property to divide, whether one spouse will receive alimony and where and with whom the children will live, if there are any. If there are no contested issues then the court does not have to intervene, but it will administer the divorce. An uncontested divorce is usually quicker, less expensive and less adversarial than a contested divorce. For example, with no contested issues a couple would not have to argue and haggle in a court hearing regarding marital assets, saving time and legal fees.

The nature of an uncontested divorce makes it more tempting for some people to attempt to represent themselves. While it is legal to administer to your own divorce without an attorney, a family law judge will hold "pro se litigants" (people representing themselves) to the same standard of law as people who do obtain legal counsel. This means everything must be legally accurate in a divorce filing, even if it isn't contested. Increasingly people use legal forms found on the Internet -- so called "out-of-the-box" divorce forms. However, all states have different divorce laws and counties within a state frequently have varying rules and procedures. A generic form will not distinguish from these differences. In addition, a generic form may not be appropriate for a couple's specific situation or wishes. Hiring an attorney who will create a customized divorce agreement can be beneficial to everyone involved.

When an uncontested divorce is appropriate

An uncontested divorce may be appropriate when:
- Both parties can work together
- The spouses simply want to end the marriage quickly and don't want to argue over money or child custody issues

People considering filing for an uncontested divorce should contact an experienced divorce lawyer to discuss their next steps.

Article provided by Reisman & Davis
Visit us at www.padivorce.com