What is an uncontested divorce attorney?
An uncontested divorce attorney simply means that the attorney is processing a divorce where both parties stipulate to the terms. The attorney will either do more of a collaborative divorce as mentioned above, or represent one party but process the case on behalf of the client only while working with the other party who is not represented.
In a divorce, it isn’t required for both parties to have representation. If one does – usually the person filing for divorce – the other person has the choice to get a separate attorney (contested divorce), share an attorney (collaborative divorce), or proceed without legal assistance (uncontested divorce).
An uncontested divorce means that both parties agree on all matters. That may be easier than it sounds, because even if you have worked out schedules for child custody and support payments, details (such as the method or frequency of payment and who will be responsible for transporting the children during custody exchanges) can still leave a lot of room for disagreement.
However, the legal system does see a large number of uncontested divorces each year because divorcing couples are able to remain cordial and cooperative during and after the proceedings. Uncontested divorces do not have to go to court as long as all the legal documents are filed correctly. That’s where an uncontested divorce attorney comes in.
During an uncontested divorce, an attorney can advise you about how to finalize your divorce and provide assistance while you negotiate child custody, marital assets, and many other matters. Their aid can be beneficial if you have complex finances or need options based on what terms have worked for other couples.
If your spouse chooses not to hire their own attorney, you cannot both be represented by the same one. In your uncontested divorce, your attorney owes you and you alone confidentiality, filing all paperwork on your behalf and subpoenaing evidence as needed to support your case.
An uncontested divorce attorney may work with the unrepresented party to reach stipulations of agreement, but they are only acting in the represented party’s best interest.
An uncontested divorce is different from a collaborative divorce, where a single attorney can mediate between both parties.
