Settling divorces out of court is becoming more and more common. Uncontested divorces can help people save time and money by avoiding the long, drawn out process associated with contested divorce, such as discovery, temporary hearings, and the final trial. In an uncontested divorce, parties will have to come to an agreement on each and every issue that would also come up in a contested divorce, including such issues as spousal maintenance, child custody, and asset division. Even where you and your soon to be former spouse are on excellent terms, there are many reasons why you should seriously consider hiring an attorney to help you.
The first is that an attorney is thoroughly versed in all the issues involved in divorces. These issues probably include ones you have not even thought of. For example, if you are going to be dividing retirement accounts, your attorney will know what you need to do to avoid hefty tax penalties. This also is very true in cases involving children. A divorce lawyer has seen many custody disputes, and can point out what types of clauses you may or may not want to include in your parenting plan in order to avoid post-divorce disputes.
Second, a lawyer will be able to inform you of your rights and responsibilities. There is often a strong desire to just get the divorce done with, and as a result, parties can sacrifice rights they may not even know that they have. There have been many spouses who have missed out on future pension benefits because they were ignorant of the fact that pension benefits may very well be marital property.
Finally, your attorney will know how to get your divorce done right the first time. Divorce pleadings and filings can be quite complicated, especially when there are children involved. It is not uncommon for spouses to try to get the divorce done without a lawyer’s help, only to have a judge refuse to sign the final decree because the parties, for example, incorrectly calculated child support or left out some essential information. Hiring an attorney will make sure the paperwork is completed in a timely fashion and done properly the first time so you do not waste weeks or even months trying to get your divorce done only to have to start over from the beginning.
We have extensive experience with helping our clients in all stages of divorce. Call us today and we can discuss your case.