Family Law

Do "Uncontested" Divorces Really Exist?

By Ben Stevens

I read a very interesting blog post that analyzed the term "uncontested divorce" and I wanted to share it with my readers:

Divorce attorneys frequently receive telephone calls from potential clients asking, "What do you charge for an uncontested divorce?"  Unfortunately, this question is generally impossible to answer right off the bat. There are hundreds of variables which influence the costs of a divorce.

Sometimes, a person says he or she wants an uncontested divorce because "I've decided what I'm going to give her (or him)." Equally often, the other spouse has a somewhat different idea of what he or she is entitled to take from the marriage. What does this create? Conflict! And if there's conflict, it is not an uncontested divorce.

On the other hand, someone says, "We've worked this all out. We just want a divorce." But, when you start asking questions about the division of debts, Qualified Domestic Relations Order for the division of pensions and retirement funds, the refinancing of the mortage on the house, etc., you find the parties usually have not thought this through quite as thoroughly as an experienced Family Law attorney and that maybe there are issues that have not truly been agreed upon.

Then there's the issue of a couple thinking they have their divorce all worked out and want to know if one divorce attorney can represent both of them. The short answer is "No!" No one should believe that any family law attorney can represent both parties in a divorce case and our Supreme Court agrees.

One attorney may, however, represent one of the spouses while the other spouse can either proceed without a divorce attorney or, perhaps, hire an attorney only for the purpose of reviewing the settlement agreement. This may save the parties a good deal of money in a low-conflict divorce case.

You should proceed with caution if an attorney promises to represent both you and your spouse in a divorce. And equally important, you may think your divorce is unconsted, but in reality the only thing you really agree on is that you both want the divorce.

Source:  "Uncontested Divorces: Do They Exist?" by Waters Tyler Scott Hofmann & Doane, LLC, published at Divorce Law Indiana.

Full post as published by SC Family Law Blog on November 12, 2009 (boomark / email).