Why Do I Need a Lawyer for My Uncontested Divorce?

An increasing number of court cases are settling before they ever see a court room, including divorces.  Uncontested divorces are an increasingly popular option for couples who have decided to part ways.  An uncontested divorce means that the parties have agreed on all aspects of their case, ranging from property to debt to child custody.  An uncontested divorce can help keep costs down and speed the process along, keeping the parties from having to go through a divorce trial.  Some divorce litigants may believe that because they already have agreed to the basic provisions of the divorce, hiring an attorney is unnecessary.  However, there are many reasons why you need to retain an attorney even if your divorce is uncontested.

The first is that the paperwork required for filing a divorce is highly specialized and complicated.  An attorney will know what paperwork needs to be filed, what information must be included, when to file the proper papers, and the other logistical issues involved in getting your case started.  An attorney will also be familiar with what provisions must be included in your divorce settlement, and whether some parts of your agreement are at risk of not being approved by a judge.  By hiring an attorney, you can make sure that your paperwork is done right the first time, preventing you from having to waste time in redoing complicated pleadings or agreements.

Another reason is that an attorney will be well-acquainted with issues and solutions common to divorce cases.  These include issues that you may have completely overlooked, such as dividing a retirement account.  Withdrawing funds from a retirement account can have severe tax ramifications for one or both parties.  However, your attorney will know some solutions to these issues, such as drafting a Qualified Domestic Relations Order.

Finally, your attorney will know what is and what is not a reasonable divorce settlement.  Simply settling with your spouse over important issues such as child custody and asset division without consulting an attorney could result in you unknowingly foregoing certain rights.  Consulting with an attorney about the provisions of your uncontested divorce settlement will ensure that you are aware of your rights and what provisions of your settlement may not be beneficial for you in the short or long term.

If you are facing a divorce, you need an attorney to help you with the process, even in the most amicable of situations.  Call us today at 651-464-7292 so we can talk about your divorce and what we can do to help.