I Thought I Had An Uncontested Divorce
The smartest manner in which people can handle their divorce actions is by doing what is considered an uncontested divorce. You may have heard or seen a great deal of advertisement in which attorneys offer their services for uncontested divorces at reduced rates of a few hundred dollars, but it is important to understand what you are actually paying for.
An uncontested divorce means one in which the parties have resolved argument on all issues. They have discussed and agreed what they will do with the finances, property, support and custody. The role of the attorney is minimal and involves preparing documents to specifications, advising on the legality of the issues desired and finalizing the matter. There is minimal interaction and the process is extremely streamlined.
If you and your spouse can proceed this way, then it is highly recommended, as you will save a great deal of money and emotional upheaval. Of course, if everyone did this, the majority of family lawyers would be out of business. Lucky for my bottom line, most people are unable to do this and inevitably matters turn ugly.
People often come to my office and insist the other party will sign the documents. They assure me that there have been discussions and the matter will surely be uncontested. Sadly, most of the time, there are issues not discussed nor understood and, when brought up, matters usually degenerate and the matter becomes contested and much more expensive.
Because of this I strongly suggest that you meet with an attorney and go over all of the issues of your individual divorce and make a list of the matters that will need to be resolved. This will give both parties a specific understanding of the potential of an uncontested divorce and allow the client and attorney to proceed realistically and accordingly.