The Inner Workings of a Law Firm

Obtaining Legal Counsel For An Uncontested Divorce

7 June 2021 by Jo Rodriquez

Numerous factors influence the decision to end a marriage. A divorce is amicable if both parties agree to end the marriage. However, in other cases, only one spouse may wish to separate, resulting in a contentious divorce. Laws and other associated legislation safeguard the rights of each spouse in both contested and uncontested divorce proceedings. Therefore, parties to any type of divorce case can benefit from divorce attorney representation. A divorce attorney represents and advises clients during divorce and family law processes to obtain a fair settlement. Below, divorce attorneys' roles in uncontested divorce situations are discussed.

Relevant and Applicable Legal Advice

Divorcing spouses can separate through a mediation process, outside the courtroom, in an uncontested divorce. The parties negotiate either alone or with the help of a divorce attorney to reach an amicable solution. Uncontested divorce proceedings aim to offer an alternative to highly volatile, adversarial contested divorce proceedings. The divorce attorney helps clients throughout the mediation process by outlining the procedure, including the expectations on each spouse and the legal approach the client should use to protect their interests. For example, a spouse may not know if a proposed child custody agreement is fair. A divorce attorney has experience from handling many divorce cases in the past and can advise a client on what to consider when negotiating a fair settlement. 

Drafting a Comprehensive and Valid Divorce Agreement

In some states, all agreements between divorcing spouses must be documented in a divorce agreement. Thus, spouses must document any amicable agreement they reach after divorcing. A divorce agreement is critical in safeguarding each spouse's interests. The divorce agreement specifies the division of property and asset, custodial and visitation rights, and child support. A divorce attorney has legal drafting skills and can construct a divorce agreement that reflects each spouse's wishes. The divorce agreement should be thorough enough to properly describe each spouse's position. The divorce agreement must also be unambiguous because courts rely on it in final court rulings. A divorce attorney also performs due diligence to ensure that all properties and assets are included in the agreement. 

Unbiased Representation During Negotiation

Divorcing spouses may struggle to conduct unbiased negotiations without external assistance. Their previous relationship is likely to influence each individual's objectivity during a negotiation. On the other hand, a divorce attorney is a skilled negotiator who has no emotional connection to either party in the divorce procedures. As such, the attorney can handle the discussions considerably better to reach an objective and fair agreement. Thus, divorcing spouses should consult an experienced divorce attorney for unbiased negotiations.

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