When spouses decide to end their marriage, many factors come into play. Divorces can be amicable where both parties agree to dissolve their marriage. However, in some cases, only one party may wish to end the union against the other spouse's wishes, resulting in a contested divorce. In both scenarios, whether the divorce is contested or uncontested, both parties have rights that must be protected.
A divorce attorney will guide you through the entire process and ensure that you reach a fair settlement that reflects your wishes. During an uncontested divorce, your divorce attorney will assist you in the following ways:
Advise you on Essential Procedural Issues
An uncontested divorce takes place outside of court in a mediation setting. The parties are required to discuss and reach an amicable agreement. You will need a divorce attorney to guide you through the entire divorce mediation process, from start to finish. Your divorce attorney will explain the process to you, what is expected of you, and advise you on how to proceed while protecting your interests. Your divorce attorney will also advise you on what constitutes a fair agreement and ensure that you are satisfied with the outcome.
Drafting an Enforceable Agreement
Whatever the spouses decide must be documented in writing after the negotiations are completed, and they have reached an amicable agreement. Your divorce lawyer will draft your legal agreement to reflect the exact positions taken by both spouses. Divorce agreements must be carefully drafted because the courts will rely on the captured facts and recognize them as the final judgment. A poorly drafted legal agreement could expose you to future litigations. Thus, the agreement must be expertly prepared to be foolproof and not raise any authenticity concerns later on.
Taking an Unresolved Uncontested Divorce to Court
It is impossible to assume that all parties who choose an uncontested divorce will reach an agreement. Some spouses may have too complicated issues to resolve, or they may despise each other so much that they refuse to reach an agreement. If you realize that an uncontested divorce will not work for you, end the process and proceed to a contested divorce. Having a divorce attorney throughout the process will ensure that your case proceeds quickly and without delay because you will not need to find another divorce lawyer to begin the court case. Divorce attorneys are critical in ensuring that each spouse's and their children's interests are protected during the dissolution of a marriage.