Family attorneys fight hard for their clients, and they often have to help those clients navigate difficult situations. Perhaps you are divorcing your spouse, and you need help securing your financial future through alimony. Or maybe you are trying to adopt a child who has been the victim of abuse, and you need a lawyer to guide you through the legal process of gaining guardianship. A good family lawyer does not just help their clients navigate the law; they help their clients move forward into better life situations. We appreciate the work these attorneys do, and we have dedicated this blog to spread the word about their profession.
Going through a divorce? If so, and if you and your soon-to-be ex-spouse are in agreement regarding the terms of your separation, you might consider filing for something known as an uncontested divorce. While each state differs in its laws regarding contested and uncontested divorces, the legal process of getting an uncontested divorce approved by a judge tends to be easier, quicker, and less expensive than that of a contested divorce. Unfortunately, there is a lot of misinformation out there about this type of divorce and what it entails. By educating yourself, you can make the right choices moving forward.
Myth #1: A Mutual Agreement Means a Divorce Is Uncontested
The biggest misunderstanding that people have is what it actually means for a divorce to be uncontested. Some people mistakenly believe that having two parties agree to get a divorce is the same thing as a divorce being uncontested. In reality, a divorce is only considered to be legally uncontested in most states if both parties can agree to all terms of a divorce amicably. This means they're in agreement not only about separating but about the division of property, assets, child support, and all other aspects of the separation as well.
Myth #2: Child Support Can Be Waived if Both Parties Agree
In an uncontested divorce with children involved, it is not uncommon for both parties to claim that no child support agreement is necessary. In reality, however, most states will still require a child support agreement to be formally implemented before the divorce will be signed off on by a judge. This is because it is considered to be the state's responsibility to ensure that children are financially cared for.
Myth #3: You Don't Need an Attorney
While it's true that an uncontested divorce tends to be much easier (at least, from a legal standpoint) than a contested divorce, this doesn't mean you'll want to go through the process without help from an experienced attorney. Having legal representation in a divorce is always in your best interest, especially since your soon-to-be ex can "back out" of an uncontested divorce before a judge signs the paperwork—and this happens more often than you might think.
By having a family law attorney on your side, you'll have the peace of mind and guidance you need as you navigate your divorce. Even if the divorce does remain uncontested, your attorney can make the entire process go more smoothly for you!