Uncontested divorces can be faster and less stressful than litigated divorces. Instead of fighting with one another, spouses cooperate by setting their own terms related to property division, child custody and other issues.
In theory, people can file uncontested divorces on their own behalf. However, doing so can be a dangerous decision. There are serious risks associated with pro se filings completed without legal representation. Even those preparing for an uncontested divorce in which there is good cooperation with their spouse may benefit from seeking legal guidance. How can a lawyer help someone who is pursuing an uncontested divorce?
1. Lawyers can educate and advocate for their clients
The first way that a lawyer can help a person contemplating divorce is by teaching them the basics. Lawyers can help their clients learn about the standards used when dividing property or allocating parental rights and responsibilities.
People who understand the concept of equitable distribution and how the courts determine the best interests of their children can potentially negotiate appropriate terms with their spouses before an uncontested filing. Lawyers have a fiduciary duty to act in the best interest of their clients, which may include informing them of when they accept unreasonable terms in a divorce.
2. Attorneys can handle the paperwork
Trying to fill out complicated legal paperwork is difficult. Adhering to regulations related to filing documents with the courts and serving a spouse can be even more challenging. People preparing for divorce do not have to manage those steps on their own behalf when they have an attorney. Their lawyers can take care of all of the paperwork so that they can focus on rebuilding their lives. In fact, with the right representation, spouses preparing for divorce may not need to physically travel to the courthouse or even to their lawyer’s office at all. They may be able to manage the uncontested divorce process remotely with the right help.
3. Lawyers can assist if disputes arise
Not all spouses who suggest uncontested divorces successfully complete uncontested divorces. Sometimes, disagreements arise and derail the uncontested divorce process. The spouses may end up litigating after all.
A spouse attempting to handle a divorce on their own may end up scrambling for legal representation if an uncontested divorce falls apart at the 11th hour. Those who already have a lawyer working with them have a professional they can rely on if their attempts to pursue an uncontested divorce fail.
Seeking legal guidance during the early stages of an uncontested divorce may reduce stress levels and demands on personal time. Those who have support may be less likely to make mistakes that can delay or complicate their uncontested divorce.