Many persons reach the point where they believe they have tried everything they can to preserve their marriage, and realize it is time to consider divorce. Before seeking a lawyer to handle an "uncontested" divorce, there are a few steps to take to be sure you are ready.
1
Is it Uncontested?
It is tempting to seek an uncontested divorce. They are relatively inexpensive, and can be accomplished in a small fraction of the time needed for a full-blown divorce contest. However, uncontested means that you and your spouse have come to broad agreement on all the important subjects: Child custody, child support, alimony, division of real and personal property, and division of debts. It also means you will easily be able to agree on the details, like who gets the chafing dish, the wedding silverware, the kids photos, and the family pets. A good attorney will help you identify these details that need agreement in your situation, but will expect you to then be able to agree without the need for substantial intervention by the attorney.
2
Who is going to be the client?
Once you believe it is to be an uncontested divorce, you go about choosing an attorney to help you. One of the first choices is who will be the client. Most attorneys will not represent both parties to a divorce. In many states they cannot. Decide which of you is to hire the attorney, and how you will pay for it.
3
Choose an attorney.
Don't choose solely based on price! You often get what you pay for, and the cheapest is not always a good idea. Choose an attorney who focuses on family law, and who knows how to move an uncontested case efficiently through the system. Make sure the attorney is a person you can speak to, and who has a staff that is helpful.
4
Prepare to meet the attorney.
Even though only one of you will be the client, you can often both go meet the attorney. You should prepare at least an outline of the agreement as you would like it to be. The attorney may need to advise you as to whether your agreement will work under the law, and may need to ask you to consider other points of agreement. Nevertheless, its a good idea to come with some agreement as to the major issues. (See Step 1) Also, be sure to ask what documents and information you should bring with you to meet the attorney.
5
Do your homework.
The attorney will likely ask you to get some additional information, fill out some forms, or do some other homework after your meeting. You may need to work with your spouse to agree on some more issues that the attorney has identified. Get that done quickly so that your case stays on track, and doesn't fall into one.
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