Believe it or not, but an uncontested divorce is possible when both spouses can agree to settle all issues between themselves, including debt and asset division, insurance benefits, spousal maintenance, and child custody and visitation. Geared toward efficiently settling all marital matters, an uncontested divorce can seem like the optimal solution for those who just want to get on with their lives.
Even still, the relative ease of an uncontested divorce doesn't mean there won't be risks or disagreements. For this reason, it's still important that you have an attorney who can ensure that everything that you agree to is in your best interests. This is especially true if you are uncertain about your legal rights or if the other party is being represented by an attorney.
An uncontested divorce attorney will be able to provide you with valuable guidance throughout your proceedings, while you and your spouse remain in complete control over the process. Here are three reasons why having an attorney for your uncontested divorce still matters:
1. An attorney can help you avoid mistakes.
Divorce agreements are legally binding documents. They are quite costly to amend if you discover that what you signed was not what you thought you were signing. Your attorney can clearly explain the implications and repercussions of any proposed agreement. Unforeseen issues may need to be addressed and certain situations that should be avoided may not be immediately apparent to you.
2. An attorney will keep you on track.
Although uncontested divorces do not require court attendance to resolve or negotiate issues, there are still court-related tasks that must be completed before the divorce is final. An uncontested divorce attorney can make sure documents are filed and deadlines met. Administrative errors only result in unnecessary and costly delays or complications.
3. An attorney can help ensure your agreement is enforceable.
It can be tempting to just pull a document from the Internet, but you do so at your own risk. An attorney who prepares or reviews your divorce agreement will verify that your rights are properly protected according to Florida divorce laws. Too often "fill-in-the-blank" documents purchased online do not include the appropriate language or provisions required by Florida law. That means that if you ever need to enforce your agreement in the future may not have a leg to stand on, legally speaking.
Consult an attorney to protect your sanity - and your future
Those who have decided to pursue an uncontested divorce are willing to work together to start new lives. Even with this type of cooperation, however, a divorce can still take an emotional toll on both parties. An experienced uncontested divorce attorney can be a compassionate yet objective advocate for you. If you want to be sure that your rights are being protected, don't hesitate to consult an attorney.