Why You Should Have a Lawyer in Your Uncontested Divorce
It’s common to think of an uncontested divorce as one in which the spouses agree on everything. That is why couples who just want a clean break sometimes opt for a do-it-yourself divorce. But if you’re contemplating such a move, be aware that although an uncontested divorce is simpler and more efficient than a contested one, there are still aspects of the process that can call for legal guidance.
Arizona’s process for an uncontested divorce is available to couples who can agree on how to handle property division, spousal support, parenting matters and other essential issues. However, specific procedural requirements apply and can create legal difficulties if they are not followed carefully. In addition, you or your spouse may not fully understand the implications of your divorce on taxes, community property and other legal and financial issues.
Here are some reasons why you should consider hiring a divorce attorney to help you through this process:
- Your spouse has a lawyer — The worst situation is to be unrepresented while your spouse’s lawyer handles the process. That lawyer cannot give you advice nor can they be relied upon to make sure your interests are protected.
- Preventing missed issues — Even if you agree on the basic issues, you may not understand the legal process. You may accidentally violate a law, court rule or procedure that can complicate your finances later on.
- Avoiding return visits to court — Many couples who divorce without an attorney need to return to court later to deal with issues they never considered. An attorney knows how to foresee these unseen hazards and to make sure they are dealt with.
- Preparing the paperwork — Arizona divorces require specific and complicated paperwork that varies by county or court. An experienced uncontested divorce attorney can ensure all necessary documents are included and correctly completed.
- Keeping the other spouse from taking advantage — You may think your split is amicable but the settlement you sign may have inequities built in. Some spouses or their lawyers cleverly make the property distribution look fair while taking more assets than they deserve. Your attorney can make sure the settlement agreement fully protects your rights.
At Clark & Schloss Family Law, P.C. in Scottsdale, we have wide experience representing people throughout Arizona going through uncontested divorces. Contact us online or call 602-789-3497 for a free initial consultation.