Robert Miller on Uncontested Divorce
- What is an Uncontested Divorce?
- How long will it take to have my divorce finalized if it is an uncontested divorce?
- Can one attorney represent both parties for the Uncontested Divorce if we are in agreement with all of the issues?
- If my divorce is uncontested, why do I need an attorney to represent me if my spouse already hired an attorney?
What is an Uncontested Divorce?
An Uncontested Divorce is when both parties are in agreement with all of the terms of the divorce, including all issues pertaining to custody, alimony, child support and division of assets. It does not, however, necessarily mean that both parties actually want the divorce. An uncontested divorce can still go forward even if one party initially does not want to get the divorce. Also, “uncontested” does not refer to the fact that neither side is contesting the divorce. Rather, it generally means that NO ISSUES are contested.
How long will it take to have my divorce finalized if it is an uncontested divorce?
It depends on many factors, including, in which county the divorce will be filed. Usually the divorce can be finalized within a couple of months after the paperwork is filed with the court. The specific answer is that once every document is signed and filed with the Court, the Court may not grant the divorce for at least thirty-one (31) days.
Can one attorney represent both parties for the Uncontested Divorce if we are in agreement with all of the issues?
No. An attorney can only represent one party in the divorce. We always advise both parties to hire an attorney.
If my divorce is uncontested, why do I need an attorney to represent me if my spouse already hired an attorney?
An attorney will be able to draft all of the paperwork and necessary pleadings that are required by the court to be filed in any divorce case. Your attorney will be able to ensure that your interests are protected both at the time of your divorce as well as in the future. In addition, if your spouse’s attorney prepared the pleadings to be filed with the court, any attorney you retain would be able to review the language that an attorney for your spouse may have drafted, and again ensure that your interests are adequately protected. Of course, you are allowed to represent yourself, but you will be required to follow all applicable rules and the relevant law.