If you and your spouse are able to reach an agreement on all of the issues of divorce, that is a great start to the process. In an uncontested divorce, once that agreement has been reached, or even before, the next step is asking yourself whether or not it is beneficial for you or your spouse, or both of you, to obtain the advice of a divorce attorney to finalize your case.
When a spouse in a divorce case chooses to represent themselves in their divorce, they are held to the same standard as a divorce attorney. They are required to understand and follow the court procedures, and also know the laws that apply to the details of their case. The benefit of not having an attorney to finalize the case is not paying attorney fees, however, usually, the risks of not having an attorney outweigh the benefit of not having any legal fees. The attorney’s role in a divorce case is to obtain all the facts of a case to divide the assets and debts equitably between the parties, and to address all other issues pertaining to the marital estate and any potential non-marital property. An attorney is also familiar with the court process to ensure everything goes smoothly to finalize the case. Risks to Representing Yourself in an Uncontested Divorce If you choose to represent yourself in an uncontested divorce there are many risks and drawbacks to doing it yourself. Here are a few things to consider before going it alone:
These pitfalls are just a few examples of what could happen if you don’t retain an attorney for your uncontested divorce. Reaching an agreement with your spouse on all issues is quite an accomplishment, but hiring an attorney is beneficial to genmake sure your agreement is equitable, follows the applicable laws, is accurate, and will be accepted by the Court for entry. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/divorce/do-you-need-a-lawyer-for-an-uncontested-divorce/#gref
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August 2022
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