Is An Uncontested Divorce Attorney Necessary?Posted March 15, 2021 by admin
You’re getting a divorce, and thankfully, you and your spouse seem to agree on everything. You get along well and have come to terms on all of the major items and the minor ones, including:
- Child custody, parenting time, and parenting responsibilities
- Amount and duration of child support, if applicable
- Amount and duration of any spousal support (alimony), if applicable
- Division of all assets
- Division of all debts
Now you’re wondering: Should you still retain a divorce attorney? You don’t legally need an attorney for an uncontested divorce. But is it wise to still have one? That’s up to you.
There are a few reasons to consider having a divorce attorney even if you and your soon-to-be ex-spouse agree on everything. You may still want to seek guidance from a divorce lawyer if:
You want an objective, second set of eyes on your settlement agreement: It’s not a bad idea to have someone else look over your settlement agreement and make sure everything is completed properly. They can also ensure the agreement is fair and you aren’t unknowingly giving up any of your legal rights. This is a great idea for couples who have a substantial amount of assets and debts; as well as couples who have multiple children together.
Remember, the court will ultimately decide if the settlement agreement is fair to both parties, so having a lawyer look it over first is smart.
You have major differences in power including domestic violence and disparities financial earning capacity: Even if you agree on the elements of your divorce now, things can get complicated if one of you is in a more preferable position. Has there been domestic violence? Is one party afraid of the other for any reason. Do the parties have greatly different earning capacities? A divorce attorney can objectively look at your finances to ensure that your settlement is fair for both of you, now and down the road, regardless of who is in the more favorable financial position. If retirement plans needed to be divided, it is very important that it be done correctly.
You’re worried about potential back-pedaling: If you have any inkling that your soon-to-be ex-spouse may change their mind about your agreement (or refuse to follow it once the divorce is final), you should get a divorce attorney. He or she can hold your spouse accountable in court for the agreement both now and in the future if that person decides to backpedal.
You’re worried about the divorce process in general: It’s never a bad idea to turn to a professional who knows the ins and outs of this process. Dealing with legal issues can be overwhelming and complex, and it’s OK to let someone else carry the bulk of the complexity on their shoulders so you don’t have to. You have plenty going on — dealing with the intricacies of a divorce, including complicated paperwork, doesn’t have to be one of them.
Even in an uncontested divorce, the process isn’t always smooth sailing. No, getting an attorney for an uncontested divorce is not always necessary. But remember that a good divorce lawyer keeps the boat moving forward, especially if things get choppy.
Columbus Ohio Divorce Lawyer
The Law Offices of Kenneth R. Kline LLC is honored to work with both traditional and non-traditional families to assist them through extraordinarily difficult times. Please contact us with any questions.