Do I Need a Lawyer For An Uncontested Divorce?

Breaking up with your spouse is a stressful and emotional time, and it’s natural to think that hiring a lawyer will complicate things even further. If both you and your spouse agree it’s the right thing to do, here are some tips to help you get ready for your divorce.

What Is An Uncontested Divorce?

An uncontested divorce is when you and your spouse agree on all the big issues involved in ending your marriage, such as:

  • dividing your property
  • dividing your debt
  • child custody and support

This type of divorce is generally cheaper and more amicable than contested divorces. The difference can be measured in time. The more time a lawyer spends working on and negotiating a separation, the more costly it becomes. When both spouses can mutually agree in advance, the time it takes and the costs associated with a divorce are drastically reduced.

What Do I Need to Do to Prepare For My Divorce?

It’s a good idea to gather all your paperwork in advance in order to help you prepare for the divorce process. You’ll need to consider all of your financial commitments, including savings, retirement funds, investments, insurance, mortgage and any debts, etc… If you can get policies and statements relating to your major finances together you’ll be in a good place to negotiate terms.

You’ll also want to think about your practical needs, and those of any children. What do you want to happen after your divorce is final? For example, do you want or need to stay in your existing home, or stay within the same neighborhood? Will you be able to afford the home on your own after the divorce is final?

Agreeing To Divorce Terms

It’s a good idea to think about working with your spouse to agree on your divorce terms. Hiring a lawyer and working with your spouse via their legal representation can keep your case from being fought in the courts but ensure all your paperwork is filed properly. Remember that a lawyer can’t represent both you and your spouse, you’ll each need to hire your own. If negotiation is likely to be difficult, a mediator can help minimize angry conversations and keep the topic on point.

Do I Really Need a Lawyer?

It is possible to file and complete an uncontested divorce without the support of a lawyer. But there are several advantages to hiring professional support. You can be sure that all options have been thought out and considered: your lawyer will have useful experience in divorce arrangements and be able to help you to think through your situation with fresh eyes. You’ll have a professional drawing up the paperwork and you’ll know that your divorce will be ready to go through the courts with no hitches and will be filed properly.

How Long Will My Uncontested Divorce Take?

If you hire a lawyer, you’ll have a meeting to discuss the issues and draft the initial paperwork. This will be sent to your spouse for review, and be returned with any proposed changes, which you’ll need to negotiate or accept. Once you and your spouse agree on the paperwork and the terms, it will be sent off to the court to sign off on. This whole process can be as short as a month, but more typically takes 8-12 weeks.

There’s a lot involved when thinking about a divorce and a legal separation, even if it is uncontested. With just a little preparation, and with the help of professional legal support, you can make this difficult experience as painless as possible.

Contact The Walters Law Group, Ltd.

The Walters Law Group, Ltd. has over twenty years of combined experience in handling divorce, custody and family law issues. YOU give us your confidence, WE give you the peace of mind and the results you deserve. Contact our Chicagoland  divorce & family law attorneys today if you need help and further guidance.

Please call (312) 806-6700 (708) 361-9700, or contact us via e-mail.

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