An uncontested divorce is when you and your partner agree on all areas of your divorce. This includes:
- Child custody for your minor children (including a parenting plan)
- Child support, commonly known as alimony (spousal support).
- Division of property (or marital assets)
- Distribution of marital debt
You can proceed with or without divorce lawyers. If you decide not to hire an attorney, contact your local court jurisdiction or the state supreme court for do-it-yourself divorce forms and instructions.
It may save you money and frustration to conduct this study. Private organizations may provide no-fault divorce forms online, but you should ensure that they are reliable and have no hidden expenses before using them.
Court workers cannot provide you with legal advice. Be friendly and expect some bumps in the path. If you become overwhelmed, be prepared to seek the assistance of an attorney.
Some states need an uncontested divorce or dissolution hearing. A judge must ask questions and review agreements with the parties while they are under oath.
The state law where you live determines whether or not you must appear in court to finalize your divorce. To avoid multiple court appearances, you must show the following:
- The divorce was uncontested.
- You agree on the key points in the divorce.
- You are available to appear for the hearing needed by the court.
When it comes to uncontested divorces with little children, most states demand brief court sessions.
Most uncontested divorces require little assistance from a lawyer. While this is the case, you can still engage a divorce attorney to analyze the agreement and safeguard your rights and interests.
Additionally, a lawyer can ensure:
- The court will most likely accept your arrangement.
- You have not overlooked any significant factors (such as retirement assets or spousal maintenance).
Choose attorneys who are on your side.
Divorces can cause a lot of pain. This is because strong emotions are frequently at play. You do not want to stress the situation by hiring an attorney who is not a good fit for your case or personality.
Take your time while deciding whether to engage a divorce lawyer.
Consider hiring a divorce attorney who will take a calm approach to the matter and help you reach a reasonable settlement.
To tell whether the attorney is right for you, one of the best approaches is to ask as many questions as possible. Some of the questions to ask include:
- Would you agree with a decision to seek a settlement agreement before the court?
- Do you have a track record of arguing even minor issues before a judge?
- Do you prefer collaborative solutions over litigating in court?
- What is the pricing structure for billing your customers?
Lawyers are typically recruited to be aggressive champions for their clients’ interests. It would be beneficial to inform your potential attorney about your honest goals and legal interests from the outset.
They are also likely to ask you questions. This will assist them to assess your situation. This can help them assess if they are a good fit for your case.
Consider other options
You can look into other alternatives to hiring a full-time divorce lawyer to represent you in court. These options help you move forward with an uncontested divorce. These options include:
Limited representation
Both of you should have a lawyer to analyze the agreement. They can assess difficulties and legal dangers. This is true even in an amiable or uncontested divorce.
Limited scope representation means that you employ a lawyer to assist you with specific aspects of your divorce.
A limited-scope attorney may perform the following:
- Advise on a fair deal.
- Review any agreements you drafted.
- Attend mediation sessions with you.
- Draft your divorce agreement.
- File your divorce papers with the appropriate local court.
- Attend the divorce hearings.
- Attend the hearing if you have small children.
Limited-scope representation or “unbundled” services are frequently charged a fixed rate. In most cases, a flat charge is less expensive than full-scope counsel.
Limited scope representation may be an attractive choice for parties who have resolved all concerns or plan to work through any technical difficulties presented by an attorney who has evaluated a settlement for fairness and legal sufficiency.
Collaborative divorce
A collaborative divorce is where both of you and your attorneys decide to reach an agreement instead of litigating. Instead of going to court, you decide on a fair divorce settlement.
Collaborative practice lawyers will typically agree to represent a client if:
- Your spouse has already retained a collaborative counsel.
- Your spouse agrees to employ a collaborative practice attorney before the case begins.
When both of you hire attorneys, you have to sign an agreement. This agreement requires you to obtain new attorneys if:
- The resolution cannot be achieved.
- The divorce is heading toward a lawsuit.
Such an agreement eliminates attorneys’ financial incentives to:
- Prolong the talks.
- Push for litigation.
- Take too long to make or respond to a settlement offer.
What are the situations when you definitely have to hire an attorney?
In some cases, hiring a divorce lawyer makes sense or will help you get the greatest results. The attorneys can help to defend your legal rights and safety. They can also refer you to law enforcement for physical protection if needed.
You should strongly consider hiring an attorney if your case involves the following issues:
- There is a problem with domestic or child abuse.
- Your partner may be lying about specific things.
- Your husband is becoming vengeful.
- Your spouse has engaged an attorney.
- Your divorce includes children.
- You have complex financial concerns.
When hiring an attorney, as mentioned, take your time to find an experienced professional who knows what they are doing. The last thing you want is to be in a problem, and then hire family lawyers Fairfax VA who don’t know what they are doing.
As a rule of thumb, hire professionals who have been in the industry for a long time and have handled similar cases before.
