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Do I Need To Hire An Attorney If My Divorce Is Uncontested

Do I Need To Hire An Attorney If My Divorce Is Uncontested

In an uncontested divorce, both parties amicably agree that the marriage should end. Even in cases where only one party wants the divorce, it is still possible to go through the divorce process without costly divorce attorneys if both parties can agree to all divorce-related issues, such as the division of property, and custody and visitation if minor children are involved.

Going Through A Divorce Without Legal Representation

The number of couples going through divorce court pro se, or representing themselves without attorneys, is growing. In situations where both parties can agree to the terms of the separation, there really is little use to hiring a high-priced attorney to just file paperwork. Usually, this is easily done when the divorce is uncontested, which means both spouses agree that they want to divorce, they know how they will handle child custody and support, and they know how they will divide up the marital property and debts. Uncontested does not mean that everything will be smooth and that the two spouses will not argue. It means, however, that the couple will be able to solve any issues that crop up outside of a courtroom and without judges, attorneys, or mediators to act as go-betweens or negotiators.

Benefits Of An Uncontested Divorce

Besides saving money on divorce attorneys, there are other benefits to an uncontested divorce, such as:

  • The most obvious benefit is civility. In uncontested divorce situations, both parties are more likely to be able to talk over issues and come to an agreement without giving in to feelings of anger or revenge, and instead focus on making sound and fair decisions.
  • The next benefit is the simplicity of the proceedings. A contested divorce involves lawyers, judges, mediaries, and a long and ugly trial. An uncontested proceeding involves the two parties and the judge that issues their decree.
  • The last benefit is speed. When the two spouses are able to quickly and easily resolve their issues, there is nothing holding up the court filings, and the process is much smoother.

Deciding to represent yourself in an uncontested divorce is a common decision. Being able to work out the divorce arrangements and agree on property and custody arrangements will not only save you money, but it will also save you time and stress that would otherwise be unavoidable.