Do I Need a Divorce Attorney for an Uncontested Divorce?

 Posted on May 13, 2022 in Divorce

Most people believe that a divorce attorney is only necessary for a contested, highly volatile divorce. This theory is often portrayed in the media, from high-profile celebrity divorce cases to movies that depict lawyers fighting for their clients in court. Although attorneys can be used in contested situations or to help provide mediation between parties, divorce law can cover a variety of situations, including uncontested divorces. Even when both spouses agree about divorce issues like property division and parental responsibilities, a lawyer can help facilitate the process, file the correct documents with the court, and ensure the marriage dissolution is completed correctly. 

What Can a Divorce Attorney Do For Me? 

Many life-changing decisions are made during a divorce. While these choices may be challenging for some couples, some spouses can agree quickly. In an uncontested divorce, spouses can agree on issues such as who will remain in the shared family home, how financial assets will be divided, and who gets the majority of parenting time if the couple shares children. Even if there are no negotiations or mediation necessary between spouses, an attorney is helpful. A divorce lawyer can:

• Help spouses complete the paperwork to file for divorce in a no-fault divorce state 

• Oversee decision-making to ensure all necessary decisions are completed

• Navigate spouses through filing residency forms and proofs of service

• Explain and protect an individual's rights during the divorce 

• Translate the court's final judgment and go over the elements of the finalized divorce decree with both spouses 

An attorney can only represent one spouse during a divorce. When both spouses agree, the lawyer will legally represent one spouse but can keep the joint interests of the partners in mind. 

Benefits of an Uncontested Divorce

Typically, a contested divorce that goes to trial can take over a year to complete. However, an uncontested divorce can be finalized much faster. 

There are also many psychological benefits to an uncontested divorce. According to the American Psychological Association (APA), contentious divorces can negatively impact individuals, especially those with preexisting struggles with depression, anxiety, or other mental health issues. An uncontested divorce can alleviate feelings of stress for many reasons. For example, when spouses do not have to battle over divorce agreements, they may feel a sense of relief and closure. 

Contact a Will County Uncontested Divorce Attorney 

At the Law Office of Ronald L. Hendrix, P.C., our firm understands the importance of making decisions during a divorce. Our Will County divorce lawyers, Ronald and Christopher Hendrix, have years of combined experience working to ensure their clients' rights and best interests are met. We offer a free consultation to help you begin the process of solving legal issues from property division to child custody. Contact us today by calling 630-355-7776.

Sources:

https://www.apa.org/topics/divorce-child-custody 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000 

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59