If you’ve heard the uncontested divorce law phrase, it might not be immediately apparent what that means. Let’s review the “what” and “why” to clear up any confusion.
The Uncontested Divorce Law: What It Means
By definition, an uncontested divorce is one in which both sides have agreed on all issues relevant to their case. The term itself comes from the fact neither party will contest via litigation because all matters are settled in the filing documents. In most cases, neither party even makes an appearance in court.
It’s YOUR Divorce Attorney, Not Ours
There is sometimes a belief that hiring an attorney for an uncontested divorce means the attorney will represent both parties. However, a lawyer can’t reconcile a client’s best interests if both opposing sides are their clients. It can lead to conflicts of interest and other problems, so each party should retain their own counsel.
Your attorney will review the agreed-upon settlement and ensure that all of the documents being prepared for filing are error-free. They can also answer any questions you may have throughout the process and may even advise you on minor adjustments or modifications they know will help expedite it.
Why Uncontested Divorces Can Be a Popular Choice
As a general rule, because both parties agree to file, the legal fees incurred by both spouses will be less than what you would have paid if the case had gone to court for settlement. Many law offices offer a flat-fee arrangement for uncontested divorces because they know there will only be a fixed period spent working on it. The size of the fee can vary, but it’s usually based on a combination of the following:
- Total size and complexity of assets and debt
- Length of the marriage
- Child support
- Custody arrangements
Another point to consider is the tone of the discussion. In a contested divorce, the relationship between spouses can become bitter and adversarial. On the other hand, an uncontested divorce requires calm conversation and both parties working towards a mutual goal. It is significantly less stressful and generally allows both parties to maintain a cordial relationship.
Help! My Uncontested Divorce Is Turning Out to Be Anything But!
While uncommon, it’s common for one party to take exception once the settlement agreement has been reached. If this happens to you, your legal counsel should be able to convert from a flat fee to a retainer arrangement in next to no time.
What to Do Next?
Do you still have questions? You don’t have to wait to find answers about uncontested divorce law. Contact the family law attorneys in Cumming, GA today.
