In most cases, an uncontested divorce has the advantage of being cheaper than a divorce that is contested. However, this does not mean that attorneys should not be involved. There several reasons that you and your spouse should each, separately, use the services of an attorney, even when both of you are in agreement about the terms of your divorce settlement. The following are four reasons for this.
You may need an attorney to draw up the agreement
Depending upon what state you live in, the courts may require that the agreement be drawn up by an attorney. Since an attorney cannot represent both of your interests, it is best that a second attorney be employed to examine the agreement drawn up by the other spouse's attorney.
To review the agreement
If an attorney is not required to draw up the agreement, you both still need a lawyer. Having an agreement that was created by you and your spouse from forms found in a legal store or perhaps drawn up with the help of a paralegal, may contain elements that will not hold up in court. You want the agreement to be approved without any problems, but this takes the help of two attorneys. Each one working in the interest of a husband or wife.
To explain the agreement before you sign it
A divorce agreement is fundamentally no different than any other legal contract, and you should never sign a contract without having a lawyer look at it. Assuming that the document is legal, your attorney can explain what it means to you, and how it will affect your life after the divorce is granted.
To negotiate on your behalf, if there is a disagreement
You may both think you are in agreement until you discover there was something you forgot about, or perhaps there was something about the law that you and your spouse did not understand. Often two different divorce attorneys, each working in the interest of one spouse, can assist in creating a settlement that both parties can agree too without any need for a court battle.
An uncontested divorce may be a good option for a couple, but keep in mind that this does not mean you don't need an attorney. If both parties have attorneys, this can aid in making sure the uncontested divorce settlement is what both of you want, and it will be drawn up according to your state's law. Having legal representation does not mean there will be an escalation in tension between you and your spouse. An attorney can simply help you with any legal hurdles, and make the process of an uncontested go more smoothly.
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