Do I Need an Attorney for an Uncontested Divorce?
An uncontested divorce is defined as a case where both parties agree on all the issues such as property division, parenting plans, child support, or alimony. Therefore, it is common to question in these cases, where no argument exists between the parties, whether it is necessary to involve an Orlando Divorce Attorney. Even if you are involved in an uncontested divorce, it is prudent to still retain an experienced Orlando Divorce Attorney to ensure your agreement protects your legal rights.
When experiencing any divorce, emotions can cloud your judgment when making decisions. Therefore, if you alone are negotiating with your spouse, you may be influenced by your existing relationship with your spouse or even your desire to maintain a relationship with them after a divorce. These desires of amicability and friendship, although admirable, can become complicated when negotiating a settlement of property, or alimony because your own needs may be overshadowed by your emotional connection. This is one way your Orlando Divorce Attorney can review the agreement between you and your spouse, to ensure emotions do not dominate the agreement and fairness and equity is also involved.
Another factor that couples contemplating an uncontested divorce should consider is the lack of experience or knowledge of the specific laws surrounding a divorce. Divorces can find themselves involved many different areas of law that will continually overlap through the process, such as property law, tax law, or estate planning in addition with Family Laws own procedures and regulations. Therefore, it can be difficult to fully understand your rights and entitlements during a divorce and division. For instance, alimony requires certain statutory factors to be present to allow an alimony award. Certain property that you may be dividing between you and your spouse, may not even be required for you to divide as it can instead be classified as separate property instead of marital. An Orlando Divorce Attorney not only will assess your unique situation but will be able to apply the necessary laws to effectuate a proper settlement agreement and ensure you are protected and not losing any items or finances you are legally entitled to.
Finally, the procedure of filing for a divorce and the necessary documents required to be presented to the court in order to receive a divorce can be complicated. Failure to properly abide by these statutes can result in your case being dismissed. An Orlando Divorce Attorney will file these documents for you, set hearings, contact opposing counsel, and the court, as well as abide by the statutory requirements and timelines.
Uncontested divorces are not very common; however, they do occur and if you have found that you and your spouse may desire an uncontested divorce, still seek out the assistance of a knowledgeable Orlando Divorce Attorney to protect your legal rights during the process.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.