Why do you need a Lawyer for an uncontested divorce?


Why do you need a lawyer for an uncontested divorce?

Many people think that they do not need a lawyer for an uncontested divorce. They might say “lawyers are expensive, and they only make things more complicated,” “my soon to be ex-spouse and I have agreed it is over and we just need the paperwork done!”, or “we can do this by ourselves, I saw the documents online.” Unfortunately, many people who attempt to complete their uncontested divorce without legal counsel end up needing a family lawyer to correct or complete the divorce once they get started.

Here are a few reasons why you should hire a family lawyer even if you think your divorce will be uncontested:

  1. The family lawyer will inform you of your rights and what you are entitled to in equitable distribution.
  2. The family lawyer will help you uncover hidden assets.
  3. The family lawyer will help you navigate and negotiate custody and support.
  4. The family lawyer will accurately document the terms you agreed upon in a Property Settlement Agreement.
  5. The family lawyer will be your advocate if things don’t go as planned and things almost never go as planned.

You might be asking why do I need to know what I’m entitled to if we already decided how we were going to split everything?  Many people start the process of an uncontested divorce only to realize they are not getting their fair share of the pie. Then the uncontested divorce becomes contested, and will likely be contentious once one party believes that the other was being dishonest or was trying to get over on them. This distrust will increase the cost of the divorce because now everything will need to be scrutinized.  If you have a family lawyer involved from the start you know what assets and liabilities go into the marital pot and what you could be entitled to in equitable distribution. The family lawyer will also help you negotiate a fair and equitable agreement.

Often people feel like they have the perfect agreement and just need to write it down and file for divorce.  This is a common mistake and it can be costly.  What many people don’t know is that there is a lot of language that goes into a property settlement agreement.  This language protects you and honors your wishes if written correctly, but if written incorrectly, it can cause major problems in the future.  The other thing the family lawyer provides at this stage is insight and experience.  They will point out potential issues and give examples on how to address the issue.

Thinking of everything is a task and many people don’t consider custody and support when they decide to do their uncontested divorce.  Furthermore, even if they do they do go through the process of getting a court order for either custody or support, it is nearly impossible to foresee every point of contention, and disagreements are bound to happen.  A family lawyer can help you avoid these issues even in a so-called uncontested divorce.  They will inform you of the law and help you negotiate a fair and equitable agreement in custody and support.  If an agreement can’t be reached, then the family lawyer will be your advocate to get you what you deserve.

If you think your divorce will be uncontested and you don’t need a lawyer think again. The best way to know for sure is to meet with an attorney for an initial consultation. LaMonaca Law is a family law firm that will educate you on the divorce process and represent you if needed.  Call LaMonaca Law at 610-892-3877 to get more information on initial consultations.

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About the author

About Brady Johnson, IV

Brady Johnson graduated from LaSalle University in Philadelphia, PA where he earned a Bachelor of Science degree in Accounting. After College Brady began his career in Banking, attending Law School at night. Brady received his Juris Doctorate from Widener Law School in Wilmington Delaware. Mr. Johnson focused his studies on Trial Advocacy, Child Abuse and Neglect, Counseling and Negotiations. Mr. Johnson is a member of the American Bar Association and Pennsylvania Bar Association.