Do I Need a Lawyer for an Uncontested Divorce?

The United States has one of the highest divorce rates throughout the world. Most people try to go through the divorce process without an attorney because the divorce is uncontested. You may think it’s not necessary to hire a divorce lawyer uncontested or not, but seeking legal counsel is a smart way to protect your assets.

The Advantages of an Uncontested Divorce

The major advantage of an uncontested divorce may be the low cost, but there are many advantages, and some of these are things that people rarely think of. A few examples are:

  • Your divorce stays private—All proceedings in court are a matter of public record and anyone can obtain access to these details. Nobody wants their family business, especially any embarrassing details, aired out for public consumption.
  • Less emotional trauma—Most of us would agree that the divorce process is can be very difficult on a family. When there are children involved, it will be much better if they don’t have to witness their parents fighting it out in court.
  • Avoiding Lengthy Litigation—There is the cost factor and an uncontested divorce will be much cheaper. But what is your time worth and do you really want to spend it sitting in a courtroom or at your attorney’s office?
  • Maintains Your Dignity—People often say things they regret when facing an adversarial situation. If you are fighting over child custody or finances, you might be prone to saying something unfair or even untrue about your soon to be ex-spouse. When this is done in court, it’s on the record and you can’t take it back.

When Children are Involved

Many states require couples to fill out a parenting plan to address both child custody and visitation issues. When people are able to communicate effectively with one another, this can be a huge asset in avoiding a protracted legal battle. Some jurisdictions offer arbitration or mediation in an effort for parents to work out their disagreements. Another point to consider is the testimony of the children. In some cases, if the children are at an appropriate age to be heard by a family court judge; they may be called upon to testify in court as to which parent they want to live with and the reasons why. No parent wants to hear their child testify in open court why Mommy or Daddy is a bad parent.

Why Hiring a Divorce Attorney is Smart

Even if you believe that your divorce is amicable, there are many situations that occur in which one party can change their mind about the terms about the agreement. The divorce process is a highly emotional time in most people’s live and they often do things they wouldn’t normally do. Therefore, it is a smart decision to hire a family law attorney to assist you when dealing with these complicated issues.

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