Uncontested Divorces and Legal Representation
It may seem easy enough. After all, there are billboard advertisements proclaiming the simplicity in obtaining a divorce. There are also websites that claim you do not need an attorney to get divorced. Is it really so straightforward? Learn here about the perils of uncontested divorced and legal representation.
The meaning of uncontested divorces seems somewhat self-evident. In short, it signifies that one party has filed the divorce proceedings and the other has neglected to file a response. In some cases, this is a strategic move. There are filing fees involved in submitting an answer in court. The parties may have already come to an agreement concerning the division of property and other assets. There may be no children subject to custody and visitation negotiations. It may be even more uncomplicated. Perhaps no material goods were acquired in the marriage. An uncontested divorce seems like a plausible solution.
The Perils of Uncontested Divorce without Representation
We have cited some reasons that individuals find it acceptable to pursue uncontested divorces without the necessity of legal advice. Is this always a sound idea? One consideration is whether your former spouse has elected to engage an attorney. As a pro se party, you most likely have less procedural knowledge than a lawyer. Although some family court judges are sympathetic to pro se litigants, many are noticeably impatient. Here are some other considerations:
- Have you secured appraisals for your personal and real property?
- Are you certain that you have knowledge of individual and jointly owned assets?
- Can you make a claim for alimony? Do you need it?
- What about pension plans, IRAs and 401K plans? Have they been evaluated?
- Do you or your former spouse own a business? Have you determined its worth?
- What concessions have you agreed upon as far as child custody, support and visitation?
Working with Sam Stoia as an Advocate
One of Sam’s greatest attributes is his emphatic nature. Sam is cognizant of budget constraints and his client’s ability to afford legal services. While expense is often a difficult consideration, the end result can make a difference. After all, the price of sanity is priceless. Your future may be gravely impacted by your self-representation in a divorce proceeding.
In consulting with clients who believe their marriage dissolution is uncontested, Sam reviews the circumstances to come up with an appropriate settlement agreement. It is constructed within the rules and laws of court. It is worth peace of mind to have an experienced family law attorney analyze your prospective resolution.