If you’re like most people going through a divorce, the last thing you want is to go to trial. If you are going to end your marriage, you’d rather do it on your own terms and preserve your privacy throughout the process. And you might think that avoiding court means you can also go without a lawyer.
That’s not the case, however. Even in an “uncontested” divorce, there are numerous reasons why it’s in your best interest to have legal representation. Here’s what you need to know.
What is an uncontested divorce?
An uncontested divorce is simply a divorce where the spouses are able to work out a separation agreement between themselves instead of needing court intervention. The vast majority of divorces are ultimately uncontested—according to some estimates, 95 percent or more.
But the word “uncontested” is a bit of a misnomer. Even in cases that end with a negotiated agreement, there is often quite a lot of disagreement, argument, and frustration along the way. In other words, just because your divorce is “uncontested” doesn’t mean it’s free of conflict. Navigating that conflict requires good legal counsel.
Reasons you still need an attorney for an uncontested divorce
Again, even if your goal is to reach a separation agreement through negotiation, it’s in your interest to have a lawyer on your side. Here’s why:
Compliance with applicable laws
While Illinois courts will normally accept a separation agreement as long as both spouses give their informed consent (meaning they know what they’re agreeing to and haven’t been coerced), the separation agreement still has to comply with the law. An experienced family law attorney can review your separation agreement and ensure that it complies with the law.
Long-term thinking
When you’re in the midst of a divorce, it’s easy to fall into the trap of just agreeing to whatever you think will get you through the process with as little conflict as possible—or conversely, to do whatever it takes to undercut your soon-to-be ex-spouse. Neither approach is very productive. An experienced divorce attorney can take a long-term view to reach a resolution that serves your and your family’s needs.
Protecting your rights
Your divorce attorney can explain what your rights are in terms of property division, alimony, child custody, child support, and more, so you can make an informed decision about how to proceed. Your attorney can also advise you on how to take action to protect your rights throughout the process.
Avoiding future challenges and conflict
When both sides are represented by legal counsel during the divorce process, it’s much harder to argue that either spouse was coerced or made an uninformed decision later. Furthermore, an experienced divorce attorney can anticipate future conflicts and create a separation agreement that minimizes those risks.
Talk to an experienced divorce and family law attorney today
In short, even if you are sure your divorce will be amicable and you can work things out easily, it’s always best to at least talk to a divorce attorney to understand your rights and options.
Give us a call or contact us online to speak with a divorce lawyer at Courtney Clark Law, P.C.
"Chuck and his staff have been very helpful with my divorce." - Aaron M., ⭐⭐⭐⭐⭐