Why do I need a lawyer for my uncontested divorce?

March 11, 2019

My spouse and I agree to our divorce terms, what’s the sense of hiring a lawyer?

 

If you and your spouse have decided your marriage is not working and it’s time to move on and you can be civil and agreeable, count yourself lucky. To save legal fees and lengthy court battles, you’ve mutually decided to file a Massachusetts 1A uncontested divorce.

However, in the back of your mind you wonder, “Do I still need an attorney?”

An uncontested divorce is when both parties (spouses) agree on all issues concerning the following:

  • Division of assets
  • Child and spousal support (alimony)
  • Custody agreement and schedule for your children.

 

Joint paperwork is filed and a Separation Agreement is drafted, signed and submitted with the Petition for Divorce.

Your separation Agreement is the instruction manual for your divorce and should not be taken lightly. 

 

Here’s how an attorney can protect you:

 

An attorney can review the agreement and explain the legal implications of your terms.  Depending on specific language, certain items in your agreement may or may not be changed.

 

An attorney can ensure that any last-minute surprises or changes are understood and work in your favor. It’s too easy in the emotions of the moment, and desire to be done with the divorce, to agree to last minute terms.

 

An attorney can keep the proceedings civil and focused.

 

At the Court hearing to present your agreement, the Judge will ask each party whether they had the opportunity to review the agreement with a lawyer and do they fully understand what they have signed.   Once the agreement is approved, there is no going back to change the agreement, unless there are very limited and specific circumstances present.

 

An attorney hired to represent you during an uncontested divorce will

 

  • Represent your legal interests during mediation or party negotiations
  • Draft the Separation Agreement and Joint Petition for Divorce
  • Review and explain the Separation Agreement before signing
  • Appear at court during the uncontested hearing
  • Offer full representation for all of the above

 

Representation for an uncontested divorce need not be costly.  An Attorney can be hired for Limited Assistance for any or all of the above.

 

Remember, a marriage and a divorce are both legal agreements, much like a business. Make sure when the ink is dry you walk away with what you expected.

 

Contact Fleischer Law Solutions for a consultation to determine whether full or Limited Assistance Representation is the right solution for your uncontested divorce.